Annual report of the Bureau of American Ethnology to the Secretary of the Smithsonian Institution

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EIGHTEENTH ANNUAL REPORT

OF THE

BUREAU OF AMERICAN ETHNOLOGY

TO THE

SECRETARY OF THE SMFPHSOXIAN INSTITUTION
18yC)-"U7

BY

J. ^V. fOAVELL

DIRECTOR
IlSr TWO PARTS-PART 2

WASHINGTON

GOVERNMENT PRINTING OFFICE
1899

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INDIAN LAND CESSIONS

IN THE

UNITED STATES

COMPILED HY

CHARLES C ROYCE

WITH AN INTRODUCTION BY

CYRUS THOMAS

5L'l

CO iN TENTS

Page

Introduction, by Cyrus Thomas 527

Eiglit to the soil dependent on discovery 527

Foreign policy toward tlie Indians 538

The Spanish policy 539

The French policy 545

The English policy 549

Colonial policy toward the Indians 562

The policy in general 562

Virginia 563

Maryland 569

New York 575

New Jersey 587

Pennsylvania. . .. ^ 591

Massachusetts 599

Connecticut 611

Rhode Island 619

North Carolina 624

South Carolina ..'. 630

Georgia 634

New Hampshire and Delaware 639

Policy of the United States 640

Acknowledgments 644

Schedule of treaties and acts of Congress aathorizing allotments of land

in severalty 645

Schedule of land cessions 648

523

LIST OF MAPS

If umber

Plate CVIII. Alabama 1

CIX. Alabama (northern portiou) 2

ex. Arizona 1 3

CXI. Arizona 2 4

CXII. Arkansas 1 5

CXIII. Arkansas 2 6

CXIV. California 1 7

CXV. California 2 (with inset special map) 8

CXVI. Colorado 1 9

CXVII. Colorado 2 10

CXVIII. Dakota (North and .South) 1 H

CXIX. Dakota (North and South) 2 •. 12

CXX. Dakota (North and South) 3 13

CXXI. Florida 14

CXXII. Georgia 15

CXXIII. Idaho 16

CXXIV. Illinois 1 17

CXXV. Illinois 2 ^ 18

CXXVI. Indiana 19

CXXVIJ. Indiana, detail 20

CXXVIII. Indian Territory and Oklahoma 1 21

CXXIX. Indian Territory and Oklahoma 2 22

CXXX. Indian Territory and Oklahoma 3 23

CXXXI. lowal 24

CXXXII. Iowa2 25

CXXXIII. Kansas 1 .-. . . 26

CXXXIV. Kansas 2 '. 27

CXXXV. Louisiana 28

CXXXAa. Michigan 1 29

CXXXVII. Michigan 2 '. 30

CXXXVIII. Michigan (Saginaw bay to Lake Erie) 31

C'XXXIX. Michigan (region about Mackinaw and Detroit) 32

CXL. Minnesota 1 33

CXLI. Minnesota 2 34

CXLII. Minnesota (northern portion) 35

CSLin. Mississippi 36

CSLIV. Missouri 1 .' 37

CXLV. Missouri 2 38

CXLVI. Montana 1 ." 39

CXLVII. Montana 2 40

CXLVIII. Nebraska 41

CXLIX. Nebraska (eastern portion) 42

CL. Nevada 43

CLI. New Mexico 1 44

525

526 LIST OF MAPS [ETH.ANN. 18

Kumber

Plate CLII. New Mexico 2 45

CLIII. New Mexico aud Texas (detail) 46

CLIV. New York 47

CLV. North Carolina, portiou of 48

CLVI. Ohio 49

CLVIT. Ohio (detail) 50

CLVIII. Oregon 1 51

CLIX. Oregon 2 52

CLX. Pennsylvania 53

CLXI. Tennessee (with portions of bordering states) 54

CLXII. Tennessee (detail) 55

CLXIII. Tennessee and Alabama (portions of) 56

CLXIV. Texas (portion of) 57

CLXV. Utah 1 58

CLXVI. Utah 2 59

CLXVII. Washington 1 60

CLXVIII. Washington 2 61

CLXIX. Washington (along Admiralty inlet) 62

CLXX. Washington (northwestern) 63

CLXXI. Wisconsin 1 64

CLXXII. Wisconsin 2 65

CLXXIII. Wyoming 1 66

CLXXI V. W vuniing 2 67

INDIAN LAND CESSIONS IN THE
UNITED STATES

Bv Charles C Royce

INTRODUOTK^N

I!y Cyri's Thomas

RIGHT TO THE SOIL, DEPEXDEXT OX DISCOA'ERV

Among- the various problems forced on European nations by tlie
discovery of America was tliat of determining tlieir respective riglits
in regard to the territory of the newly discovered continent. The tact
that the country was inhabited by and in jjossession of a native poi^u-
lation does not appear to have been talieu into consideration in the
solution of this problem.

Each of the great nations of Europe was eager to appropriate to
itself so inui-li of the new continent as it could ac()uire. Its extent
afibrded an ample field for the ambition and enterprise of all, and the
character, low culture-status, and leligious beliefs of the aborigines
afibrded an apology for considering them a people over whom the
superior genius of Euro[>e might rightfully claim an ascendency. The
sovereigns of the Old World therefore found no difficulty in convincing
themselves that they made ample compensation to the natives by
bestowing on them the benefits of civilization and Christianity in
exchange for control over them and their country. Howevev, as they
were all in pursuit of the same object, it became necessary, in order to
avoid conflicting settlements and conseciuent war with one another, to
establish a priucii)le which all would acknowledge as the law by which
the tight, as between themselves, to the acquisition of territory on this
continent, should be determined. This principle was, that discovery
of lands gave title therein to the government by whose subjects or by
whose authority such discovery was made, against all other European
or civilized governments, which title might be consummated by pos-
session. This is clearly shown, not only by the express declarations
ofScially made in beiialf of the different powers, but also by the word-
ing of the various grants and charters allowed by them. However, the

527

528 INDIAN LAND CESSIONS IN THE UNITED STATES [etii.ann. 18

opinion of tbe United States Supreme Court' is so full and decisive on
this point that a summary of the statements therein contained will dis-
pense with the necessity of furnishing proof of the acknowledgment
of this principle from the history of the discovery and settlement of
the continent.

Although Spain obtained immense territory in the western continent,
she did not rest her title solely on the grant of the Pope. On the con-
trary, her diiJcnssions witli France, Great Britain, and the United
States respecting boundaries all go to show very clearly that she
based her claims on the rights given by discovery.

France also founded her title to the territories she claimed in America
on discovery. Her claim to Louisiana, comprehending the immense
territory watered by the Mississippi and its tributaries, and her claims
in Canada as well, were based expressly on discovery. In the treaties
made with Spain and Great Britain by the United States this title
was recognized by the latter. The claims by the states of Holland
to American territoiy were based on the same title, and the contest
with them by the English was not because of a dispute of this prin-
ciple, but because the latter claimed prior discovery. All the transfers
of American territory from one European nation to another were based
on the title by discovery; nor did any one of the European powers
give more complete or more unequivocal assent to this principle than
England. In l-iOG her monarch commissioned the Cabots to discover
countries "then unknown to all Christian people," with authority to
take possession of them in the name of the King of England. To the
discovery made by these navigators have the English traced the title
to their possessions in North America.

In all these claims and contests between the civilized nations of
Europe, the Indian title to the soil is nowhere aUowed to intervene, it
being conceded that the nation making the discovery had the sole right
of acqniring the soil from the natives and of establishing settlements
on it. This was understood to be a right with which no other Euro-
pean government could interfere ; it was a right which each government
asserted for itself and to which all others assented. Those relations
which were to exist between the discoverers and the natives were to be
regulated by themselves. The rights thus acquired being exclusive,
no other power could interpose between tliem.

Nevertheless, it must not h6 understood that the Indians' rights were
wholly disregarded by the powers in planting colonies in the territories
taken ])ossession of by them.

Continuing, the court remarks —

In the e8tablishra(mt of tliese relatioiis, the rights of the original inhabitants were,
in no iustnnce, entirely disregarded, but were necessarily, to a considerable extent,
impaired. They were admitted to be the rightful occupants of the soil, with a legal
as well as just claim to retain possession of it [or rather so much as was necessary
for their use], and to use it according to their own discretion; but their rights to

ijohnsou and Grabara's lessee v. Mcintosh, 8 Whcaton, p. 543 et seq.

THOMAS] RIGHT TO SOIL DEPENDENT OX DISCOVERY 529

coiaiilete sovereignty, ns iudependent nations, were necessarily diminished, and their
power to dispose of the soil at their own will, to whomsoever they pleased, was denied
by the original fundamental prinriple that discovery gave exclusive title to those
who made it.

While the different nations of Europe respected the right of the natives as occu-
pants, they asserted the ultimate dominion to be in themselves ; and claimed and exer-
cised, as a consequence of this ultimate dominion, a power to grant the soil, while
yet in possession of the natives. These grants have heCn understood by all to con-
vey a title to the grantees, subject only to the Indian right of occupancy.

The history of America, from its discovery to the present day, proves, we think,
the universal recognition of these principles.

In these statements the court, of course, speaks only lioni the legal
point of view or theory, for it is well known that in their practical deal-
ings with the natives the nations of Europe, and the United States also,
often failed to carry out this theory. It is also doubtful whether it can
truly be said that France fully recognized the Indian title, even theo-
retically, to the extent indicated.

The right to take possession regardless of the occupancy of the
natives was not only claimed by all the nations making discox erics, but
the same principle continued to be recognized. This is shown by the
following instances adduced by the court, to which many others might
be added :

The charter granted to Sir Humphrey (iilliert, in 1578, authorizes him to discover
and take possession of such remote, heathen aud barbarous lauds as were not actu-
ally possessed b}' any Christian prince or people. This charter was afterwards
renewed to Sir Walter Raleigh in nearly the same terms.

By the charter of lfi06, under which the first peruiaueut English settlement on this
continent was made, .lames I. granted to Sir Thomas (iates aud others, those territories
in America lying on the sea-coast betweeu the thirty-fourth and forty-fifth degrees
of north latitude, aud which either belonged to that monarch, or were not then pos-
sessed by any other Christian prince or people. The grantees were divided into two
companies at their own request. The first, or southern colony, was direotea to settle
between the thirty-fourth and forty-first degrees of north latitude: and the second,
or northern colony, betwein the thirty-eighth and forty-fifth degrees.

In 1609, after some expensive and not very successful attempts at settlement had
been made, a new and more enlarged charter was given by the Crown to the first
colony, in which the King granted to the '■ Treasurer and Company of Adventurers
of the city of London for the first colony in Virginia," in absolute property, the lauds
extending along the sea-coast 400 miles, and into the land throughout from .sea to sea.
This charter, which is a part of the special verdict in this cause, was annulled, so
far as resijected the rights of the company, by the. judgment of the Court of King's
Bench on a writ of quo u-arranto; but the whole effect allowed to this judgment was
to revest in the crown the powers of government, and the title to the land within
its limits.

At the solicitation of tho.se who held under the grant to the second or northern
C(dony, a new and more enlarged charter was granted to the Duke of Lenox and
others, in lt!20, who were denominated the Plymouth Company, C(mveying to them
in absolute property all the lauds between the fortieth and forty-eighth degrees of
north latitude.

Under this p.itent, New England has been in a great measure settled. The com-
pany conveyed to Henry Rosewell and others, in 1627, that territory which is now
Massachusetts; aud in 1628, a charter of incorporation, comprehending the powers
of government, was granted to the purchasers.

530 INDIAN l.AXI) CESSIONS IN THE UNITED STATES [eth.axn. 18

Great part of New England was granted by this coiiii)any, wliirh at length
divided their remaiuiii'; lands among themselves; and, in 1635, surrendered their
charter to the crown. A patent Avas granted to Gorges for Maine, which was allotted
to him in the division of property.

All the grants made by the Plymouth Company, so far as we can learn, have been
respected. In pursuance of the same principle, the King, iu 16t)4, granted to the
Duke of York the country of New England as far south as the Delaware bay. His
Royal Highness transferred New Jersey to Lord Berkeley and Sir George Carteret.

Iu 1663, the Crown granted to Lord Clarendon aud others, the country lying
between the thirty-sixth degree of north latitude and the river St Mathes; aud, in
1666, the proprietors obtained from the crown a new charter, granting to them that
province in the King's dominions iu North America which lies from thirty-sixth
degrees thirty minutes north latitude to the twenty-ninth degree, and from the
Atlantic Ocean to the South se;i.

Tlius has our whole country been granted by the crown while in the occupation
of the Indians. These grants purport to convey the soil as well as the right of
dominion to the grantees. In those governments which were denominated royal,
where the right to the soil was not vested in individuals, but remained in the Crown,
or was vested in tlie colonial government, the king claimed and exercised the right
of granting lands and of dismembering the government at his will. The grants
made out of the two original colonies, after the resumption of their charters by the
crown, are examples of this. The governments of New England, New York, New
Jersey, Pennsylvania, Maryland, and a part of Carolina, were thus created. In all
of them, the soil, at the time the grants were made, was occupied by the Indians.
Yet almost every title within those governments is dependent on these grants. In
some instances, the soil was conveyed by the crown unaccompanied by the powers
of government, as in the case of tlio northern neck of Virginia. It has never been
objected to this, or to any other similar grant, th.it the title as well as possession was
in the Imlians when it was made, and that it ])assed nothing on that account.

These various patents can not be considered as nullities; nor can tliey be limited
to a mere grant of the powers of government. A charter intended to convey politi-
cal power only, would never contain words expressly granting the land, the soil and
the waters. Some of them purport to convey the soil alone; and in those cases in
which the powers of government, as well as the soil, are conveyed to individuals, the
crown has always acknowledged itself to be bound by the grant. Though the power
to dismember regal governments was asserted and exercised, the power to dismem-
ber proprietary governments was not claimed; and, iu some instances, even after the
powers of government were revested in the crown, the title .of the proprietors to
the soil was respected.

Charles II. was extremely anxious to acquire the property of Maine, but the
grantees sold it to Massachusetts, ami he did not venture to contest the right of that
colony to the soil. The Carolinas Were originally proprietary governments. In 1721
a iev(.lution was ert'ected by the people, wlio shook off tlieir obedienci^ to the pro-
prietors, and declared their dependence immediately on the crown. The king, how-
ever, purchased the title of those who were disposed to sell. One of them. Lord
Carteret, surrendered liis interest in the government, but retained his title to the
soil. That title was respected till the revolution, when it was forfeited by the laws
of war.

Further proofs of the extent to which this principle has been recognized, will be
found in the history of the wars, negotiations and treaties which the difierent nations,
claiming territory in America, have carried on aud held with each other. . . .

Thus, all the nations of Europe, who have acquired territory on this continent, have
asserted in themselves, and have recognized in others, the exclusive right of the dis-
coverer to appropriate the lands occupied by the Indians. Have the American States
rejected or adopted this princi]ile?

By the treaty which concluded the war of our Kevolutiou, Great Britain relin-

THOMAS] RIGHT TO SOIL DEPENDENT OX DISCOVERY 531

quislied all claim, not only to tlie goverumeut, but to the "propriety and terri-
torial rights of the United States," whose lioundaries were fixed in the second
article. By this treaty, the powers of government, and the right to soil, which had
preriously been in Great Britain, passed definitively to these states. We had
before taken possession of them, by declaring independence ; but neither the declar-
ation of independence, nor the treaty confirming it, could give us more than that
which we before possessed, or to which Great Britain was before entitled. It has
never been doubted, that either the United States, or the several states, had a clear
title to all the lauds within the bouudary lines descrilied in the treaty, subject only
to the Indian right of occupancy, and that the exclusive power to extinguish that
right was vesteil in that government which might constitutionally exercise it.

That this rule ba.s been adopted also by the United States is asserted
by the Supreme Court in the same opiiiiou :

The United ."states, then, have unequivocally acceded to that great and broad rule
by which its civilized inhabitants now hold this country. They hold, and assert in
themselves, the title by which it was acquired. They maintain, as all others have
maintained, that discovery gave an exclusive right to extinguish the Indian title of
occupancy, either by purchase or by conquest; and gave also a right to such a degree
of .sovereignty as the circum-stauces of the people would allow them to exercise.

The power now possessed by the Goverumeut of the United .States to grant lands
resided, while we were colonies, in the crown or its grantees. The validity of the
titles given by either has never been questioned in our courts. It has been exer-
cised uniformly over territory in possession of tlie Indians. The existence of this
power must negative the existence of any right which may conflict with, and con-
trol it. An absolute title to lands can not exist, at the same time, in ditt'ereut per-
sons, or in different governments. An absolute, umst be an exclusive title, or at least
a title which excludes all others not compatible with it. All our institutions recog-
nize the absolute title of the crown, subject only to the Indian right of oicupancy,
and recognized the ab.solute title of the crown to extinguish that right. This is
incompatible with an absolute and complete title in the Indians.

We will not enter into the controversy, whether agriculturists, merchants, .and
manufacturers, have a right, on abstract principles, to expel hunters from the terri-
tory they possess, or to contract their limits. Conquest gives a title which the
courts of the conqueror can not deny, whatever the private and s|ieculative ojiiuions
of individuals may be, respecting the original justice of the claim which has been
successfully asserted. The British government, which was then our goverumeut,
and whose rights have passed to the United States, asserted a title to all the lands
occupied by Indians within the chartered limits of the British colonies. It asserted
also a limited sovereignty over them, and the exclusive right of extiuguishiug the
title which occupancy gave to them. These claims have been maintained and estab-
lished as far west as the river Mississippi, by the sword. The title to a vast portion
of the lands we now liold. originates iu them. It is not for the courts of this country
to question the validity of this title or, to sustain one which is incompatible with it.

Although we do not mean to engage in the defense of those principles which
Europeans have applied to Indian title, they may, we think, find some excuse, if
not justilication, in the character and habits of the people whose rights have been
wrested from them.

The title by conquest is acquired and maintained by force. The comiueror pre-
scribes its limits. Hnmauity, however, acting on public opinion, has estalilished,
as a general rule, that the conquered shall not be wantonly oppressed, and that their
condition shall remain as eligible as is compatible with the objects of the conquest.
Most usually they are incorporated with the victorious nation and become subjects
or citizens of the government with which they are connected. The new and old
members of the society mingle with each other; the distinction between them is
gradually lost, and they make one jieople. Where this incorporation is practicable,

532 INDIAN LAND CESSIONS IN THE UNITED STATES [eth axn. 18

humanity demands, and a wise policy requires, tliat the rights of the comiuered to
property should remain nnimparied; that the new subjects should he governed as
etiuitalily as the old, and that confidence in their security should gradually banish
the painful sense of being separated from their ancient connections, and united by
force to strangers.

AVhcn the conquest is complete, and the conquered inhabitants can be blended
with the conquerors, or safely governed as a distinct jieople, jjublic opinion, which
not even the conqueror can disregard, imposes these restraints upou liiin; and he
can not neglect them without injury to his fame and hazard to liis power.

But the tribes of Indians inhabiting this country were tierce savages, whose occu-
pation was war, and whose subsistence was drawn chiefly from the forest. To leave
them in possession of their country was to leave the country a wilderness; to gov-
ern them as a distinct people was impossible, because they were as bravo and as
high spirited as they were fierce, and were ready to repel by arms every attempt on
their independence.

What was the inevitable consequence of this state of things? The Europeans
were under the necessity either of abandoning the country, and relinquishing their
pompous claims to it, or of enforcing those claims by the sword, and by the adoption
of principles adapted to the condition of a people with whom it was impossible to
mix, and who could not lie governed as a distinct society, or of remaining in their
neighborhood and exposing themselves and their families to the perpetual hazard of
being massacred.

Frequent and bloody wars, in which the whites were not always the aggressors,
unavoidably ensued. European policy, numbers and skill, prevailed. As the white
population advanced, that of the Indians necessarily receded. The country in the
iuimediate neighborhood of agriculturists hecame uuiit for them. The game fled
into thicker and more unbroken forests, and the Indians followed. The soil, to which
the crown originally claiuicd title, being no longer occupied by its ancient inhabit-
ants, was parceled out according to the will of the sovereign power, and taken
possession of by persons who claimed immediately from the crown, or mediately,
through its grantees or deiiuties.

That law which regulates, and ought to regulate in general, the relations between
the conqueror and conquered, was incapable of application to a jieople under such
circum.stances. The resort to some new and different rule, better adapted to the
actual state of things, was unavoidable. Every rule which can be suggested will be
found to be attended with great difficulty.

However extravagant the ijretensiou of converting the discovery of an inhabited
country into conquest may appear, if the principle has been asserted in the first
instance, and afterwards sustained; if a country has been acquired and held under
it; if the property of the great mass of the community originates in it, it becomes
the law of the land, and can not be questioned. So, too, with respect to the con-
comitant i)rinciple, that the Indian inhabitants are to lie considered merely as occu-
pants, to be protected, indeed, while in peace, in the possession of their lands, but
to be deemed incapable of transferring the absolute title to others. However this
restriction may be opposed to natural right, and to the usages of civilized nations,
yet, if it be indispensable to that system under which the country has been settled,
and be adapted to the actual condition of the two people, it may, perhaps, be sup-
ported by reason, and certainly can not be rejected by courts of justice. . . .

It has never been contended that the Indian title amounted to nothing. Their
right of jjossession has never been (luestioncd. The claim of government extends
to the complete ultimate title, charged witli this right of possession, and to the
exclusive power of acquiring that right. The object of the crown was to settle the
sea-coast of America; and when a portion of it was settled, without violating
the rights of others, by persons professing their loyalty, and soliciting the royal
sanction of an act, the consequences of wliich were ascertained to be licneficial, it
would have been as unwise as ungracious to expel them from their habitations

THOMAS] RIGHT TO SOIL DEPENDENT ON DISCOVERY 633

because they hail obtained the Iiuliaii title otherwise thau through the agency of
goverumfut. The very grant of a charter is an assertion of the title of the erowu,
and its words convey the same idea. The country granted is said to he "our island
called Rhode Island;" and the charter contains an actual grant of the soil, as well
as of the powers of government.

The decision in this case is of course conclusive in regard to the
nature of the Indian title to lauds as held by our Government. Xever-
theless, a brief i-efereuce to the history of the subjoct preceding- the
date of decision (1823) will be appropriate here before alluding to the
policy adopted in regard to the exting-uishment of this title.

As early as September 22, 1783, while yet operating uuder the Articles
of Confederation, the following "proclamation" was ordered by Con-
gress.'

Whereas by the 9th of the Articles of Confederation, it is among other things
declared, that "the United States in Congress assembled have the sole and exclusive
right and power of regulating the trade, and managing all aftairs with the Indians
not members of any of the States, provided that the legislative right of any State,
within its own limits, be not infringed or violated." And whereas it is essential to
the welfare of the United States, as well as necessary for the maintenance of har-
mony and friendshii> with the Indians, not members of any of the States, that all
cause of c^uarrel or complaint between them and the United States or any of them,
should be removed and prevented; therefore, the United States in Congress assem-
bled, have thought proper to issue their proclamation, and they do hereby jirohibit
and forbid all persons from making settlements on lands inhabited or claimed by
Indians, without the limits or jurisdiction of any particular State, and from pur-
chasing or receiving any gift or cession of such lands or claims without the express
authority and direction of the United States in Congress assembled.

It IS, moreover, declared that every such purchase or settlement, gift
or cession, not having the authority aforesaid, is null and void, and that
no right or title will accrue in consequence of any such purchase, gift,
or settlement.

By the eighth section of the act of Congress of March 1, 1793, enti-
tled " An act to regulate trade and intercourse with the Indian tribes,"
the same principle was enacted into law, as follows:

And he it further tnactetJ, That no purchase or graut of lauds, or of any title or
claim thereto, from any Indians, or nation or tribe of Indians, within the bounds of
the United States, shall be of any validity, in law or equity, unless the same be made
by a treaty or convention entered into pursuant to the constitution. And it shall
be a misdemeanor in any person, not employed under the authority of the United
States in negotiating such treaty or convention, punishiible by fine not exceeding
one thousand dollars, .and imprisonment not exceeding twelve months, directly or
indirectly to treat with any such Indians, n.ation or tribe of Indians, for the title
or purchase of any lands by them held or claimed: Provided, nevertheless, That it
shall be lawful for the agent or agents of any State, who may be present at any
treaty held with the Indians, under the authority of the United States, in the pres-
ence, and with the approbation of, the Commissioner or Commissioners of the United
States appointed to hold the same, to projiose to, and adjust with, the Indians, the
compensatiou to be made for their claims to lands within such State, which shall
be extinguished by the treaty.^

'Old Jouroals, vol. iv (17S3). p. 275. as copied in "Laws, etc., respecting the Public Lands," Wash
ingtoD, Gales & Seaton, 1828; pp. 338-339.
2 0p. eit , pp. 414^15.

534 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

This is repeated iu sectiou 12 of the act of May 19, 179G, entitled "An
act to regulate trade and intercourse \ritli tlie Indian Tribes, and to
preserve peace on the frontier;" also in section 12 of the act of March
30, 1802. By section 15 of the act of March 26, 1804, "erecting Louis-
iana into two Territories, and providing for the temporary government
thereof,"' it is ordered that —

The President of the United States is hereby authorized to stipulate with any
Indian tribes owning lands on the East side of the Mississippi, and residing thereon,
for an exchange of lauds tbe property of the United States, on the West side of the
Mississippi, iu case the said tribe sliall remove and settle thereon; but, in such
stipulation, the said tribes shall acknowledge themselves to be under the protection
of the United States, and shall agree that they will not hold any treaty with any
foreign Power, individual State, or with the iinlividuals of any State or Power;
and that they will not sell or dispose of the said lands, or any p.art thereof, to any
sovereign Power, except the United States, nor to the subjects or citizens of any
other sovereign Power, nor to tlie citizens of tlie United States. And in order to
maintain peace and trannuillity with the Indian tiil)e8 who reside within the limits
of LoiiLsiana, as ceded by France to the United States, the act of Congress, passed
on the thirtieth day of JIarch, one thousand eight hundred and two, entitled "An
act to regulate trade and intercourse with the Indian tribes, and to preserve peace
on the frontiers,'' is hereby extended to tbe Territories erected and established by
this act ; and the sum of fifteen thousauiT dollare, of any money in the Treasury, not
otherwise appropriated by law, is hereby appropririteilj to enable the President of
the United States to effect the object expressed in this sefttiou.'

As this law was not to take effect until Ocli)ber 1, 1804, it was pro-
vided that until this date the act passed October 31, 1803, entitled "An
act to enable the President of the United States-<te tjjke possession of
the territories ceded by France to the United States'"."" . . and for
the teini)or;iry government thereof," was^ to veniaiirhi'S^ce. All rights
of the Indians within the limits of Louisiana wliich existed under the
French control remained, therefore, under United States authority until
October, 1804.

To complete the chain we note the fact that, by article 6 of the
treaty of Apiil 30, 1803, by which France ceded Louisiana to the
United States, the latter promised "to execute such treaties and arti-
cles as may have been agreed between Spain and the tribes and nations
of Indians, until, by mutual consent of the United States and the said
tribes or nations, other suitable articles shall have been agreed upon."

These acts and treaties indicate, and in fact form, steps in tlie policy
of the United States in its dealings with the Indians in reference to
their lands, and will be noticed in this connection hereafter. The
object at i)resent in referring to them is only to show the theory of the
Government in regard to the Indian title.

It is clear, therefore, that although the United States has always
conceded to the Indians the usufruct or right of occupancy to such lauds
as they were in possession of, yet they have always held the theory of
the European powers, and claimed that the absolute right to the soil
was in the Government.

'Op.cit.,p.509.

THOMAS) RIGHT TO SOIL DEPENDENT ON DISCOVERY 535

However, as will be seen when allusion is made to tlie i)olicy of the
nations in their dealings with the Indians, there was some difference
in regard to the extent of their right or title. This was limited by
some of the governments to the territory occupied, while by others, as
the United States, it was usual to allow it to extend to the territory
claimed, where the boundaries between the different tribes were under-
stood and agreed on. It would seem, in fact, that the United States
proceeded on the theory that (lU the land was held by uatives. A sin-
gle instance occurs to the writer at present where land was taken pos-
session of as waste or without an owner. This is mentioned by Mr
Royce in his remarks under schedule number 432.

The right of occupancy in the Indians, until voluntarily relinquished
or extinguished by justifiable conquest, being conceded, it became nec-
essary on the part of the Government to adopt some policy to extinguish
their right to such territory as was not necessary for their actual use.

As a natural corollary of this theory arose the question, With whom
shall the Government treat? The Indians having no general govern-
ment or regular political organization, but consisting of numerous
independent tribes iu a state of savagery, the usual policy of civilized
nations in a case of conquest could not be adopted. As their claims
were those of tribes or communities, and not individuals in severalty,
it followed as a matter of necessity that the only i^olicy which the Gov-
ernment could adopt was to recognize them as quasi and dependent,
distinct political communities, or nations, or half sovereign states, and
treat them as such.

It has been said that the method of regarding them as distinct
peoples or nations and treating with them as such is a "legal fiction.''
Nevertheless, if we studj' carefully all the circumstances which sur-
round the case, and the pressing necessities of the Eepublic iu its early
days, we are likely to be convinced that it was not the part of wisdom
then to hamper the struggles for national life with theoretic lines or
legal technicalities, which stood in the way of practical progress.
Humanity is an element which should attend every step of governmental
as well as of individual progress, but political theories must be broad-
ened, restricted, or varied in accordance with new and imperative
necessities which arise.

It is doubtless true that the recognition of the Indian tribes as dis-
tinct nationalities, with which the Government could enter into solemn
treaties, was a legal fiction which should be superseded by a more
correct policy when possible. But necessity often makes laws, and in
this instance forced the Government to what was, in its early days,
probably the best possible policy in this respect, consistent with
humanity, which it could have adopted.

A doubt has also been expressed as to whether the United States or
any European power could, with perfect honesty and integrity, purchase
18 ETH, PT 2 2

536 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

lands of the natives under tlieir caie and ])rotection. Bozmau,' who
expresses this doubt, bases it on the following considerations:

First, it is not a clear proposition tliat savages can, for any consideration, enter
into a contract obligatory iipmi tbeni. Tliey stand by the laws of nations, when
trafficking with the civilized part of niaukiud, in the situation of infants, imapable
of entering into contracts, especially for the sale of their country. Should this be
denied, it may then be asserted that no niouarcli of a nation (that is, no sachem,
chief, or headmen, or assemblage of sachems, etc.) has .a power to transfer by sale
the country, that is, the soil of the nation, over which they rule.

That the Indians of the United States have been and are still con-
sidered wards of the Government must be conceded. It also must be
admitted that, as a general rule of law, wards can not divest themselves
of their title to land except through the decree of court or some prop-
erly authorized power. But in the case of the Indians the Government
is both guardian and court, and as there is no higher authority to
which api)lication can be made, its decision must be final, otherwi.se
no transfer of title would be possible, however advantageous it might
be to the wards.

Bozman's theory seems to oveilook the fact that Indians, except per-
haps in a few isolated cases, never claimed individual or exclusive
personal titles in fee to given and designated portions of the soil.
What, therefore, is held in common may, it would seem, by the joint
action of those interested, be transferred or alienated.

However, it is not our object at present to theorize as to what should
or might have been done, but to state what was done in this respect,
and thus to show on what policy the various territorial cessions ^nd
reservations mentioned in the present work are based.

The correct theory on this subject appears to be so clearly set forth
by John (^uincy Adams in his oration at the anniversary of the Sons
of the Pilgrims, December 22, 1802, that his words are quoted, as
follows :

There are moralists who have (juestioned the right of Europeans to intrude npou
the possessions of the aborigines in any case and under any limitations whatsoever.
But have they maturely considered the whole subject? The Indian right of posses-
sion itself stands, with regard to the greatest part of the country, upon a ques-
tionable foundation. Their cultivated fields, their constructed habitations, a space
of ample sufficiency for their subsistence, and whatever they had annexed to them-
selves by person il labor, was undoubtedly by the laws of nature theirs. But what
is the right of a huntsman to the forest of a thousand miles over which he has acci-
dentally ranged in quest of preyf ,Sliall the liberal bounties of Providence to the
race of man be monopolized by one of ten thousand for whom they were created?
Shall the exuberant bosom of the connnou mother, amply adequate to the nourish-
ment of millious, be claimed exclusively by a few huudre Is of her offspring? !<hall
the lordly savage not only disdain the virtues and enjoyments of civilization him-
self, but shall he control the civilization of a world? Shall heforbid the wilderness
to blossom like the rose? Shall he forbid the oaks of the forest to fall before the
ax of industry and rise again transformed into the habitations of ease and elegauce?
Shall he doom an immeuse region of the globe to perpetual desolation, and to hear

' Hi^ilory of Maryland, p.

THOMAS] RIGHT TO SOIL DEPENDENT ON DISCOVERY 537

the bowlings of tlie tiger and the wolf silence forever the voice of human gladness?
Shall the fields and the valleys which a beneficent God has framed to teem with the
life of innumerable multitudes be condemned to everlasting barrennessf Shall the
might}' rivers, poured out l)y the hands of nature as channels of communication
between numerous nations, roll their waters in sullen silence and eternal solitude to
the deep? Have hundreds of commodious harbors, a thousand leagues of coast, and
a boundless ocean been spread in the front of this land, and shall every purpose of
utility to which they could apply be prohibited by the tenant of the woods? No,
generous philanthropists! Heaven has not been thus iucousistent in the works of
its hands. Heaven has not thus placed at irreconcilable strife its moral laws with
its physical creation.'

In order to show the correctness of the views exjiressed by Adams
in tlie above quotation, and the absurdity of admitting the Indians'
claim to the absolute right of the soil of the whole country, some com-
parisons are here introduced. These are simple comparisons between
the Indian population and the extent of territory claimed by them.

Perhaps the best estimate of the Indian population of the United
States (exclusive of Alaska), at different periods up to 1S70, are those
given by Honorable John Eaton.^ His summary is as follows:

1820. Report of Morse on Indian Aft'airs 471,036

182.5. Report of Secretary of War 129,366

1829. Report of Secretary of War 312,930

1834. Report of Secretary of War 312,610

1836. Report of Superintendent of Indian Affairs 253, 464

1837. Report of Superinti-ndent of Indian Affairs 302, 498

18.50. Report of H. R. Schoolcraft 388,229

18.53." Report of United States Census, 1850 400,764

1855. Report of Indian Office 314,622

1857. Report of H. R. Schoolcraft 379,264

1860. Report of Indian Office 254, 300

1865. Report of Indian Office 294,574

■1870. Report of United States Census 313,712

1870. Report of Indian Office 313,371

1875. Report of Indian Office ■. 305,068

1876. Report of Indian Office 291,882

Examining these estimates at the different dates, we see that the
average, in round numbers, is 315,000. Now, assuming this to be a
correct estimate, and allowing five persons to a family, this would give
03,000 as the whole number of Indian families in the United States.
Assuming the area of the United States, exclusive of Alaska, to be
3,025,000 square miles, this would give to each Indian family a manor
of 48 square miles, or 30,720 acres. Now, supposing, for further illustra-
tion, that the families were distributed uniformly over the whole terri-
tory, the state of lihode Island, which now supports a population of
345,506 persons, or 09,101 families (allowing five persons to a family),
would be apportioned among 20 Indian families; the state of Delaware
would be allotted to but 43, and the whole state of New York, which

' Report of the Commissioner of IndiaD Afiairs for 1867, p. 143.
■'Ibid., for 1877.

538 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.IS

now supports more than a million families, would be assigned to 1,025
lordly savages.

It is apparent, therefore, that the requirements of the human race
and the march of civilization could not permit sufh an apportionment
of the soil of the American continent as this, even were the estimates
trebled. It is true that practically no such equal distribution of the
lands as that mentioned would be possible. Moreover, it is also true
that some portions are unsuitable for the ordinary purposes of life;
but the supposition given will be understood as an illustration of the
theory of the Indian claim, and is correct in principle. That a popula-
tion whose territorial needs would be amply supplied by the area
embraced in the single state of Illinois should, on the score of being
the first occupants of the country, be allowed the exclusive use of tlie
whole territory of the United States is inconsistent with any true
theory of natural rights. Moreover, it is not required by humanity,
religion, nor any principle of human rights. This must be conceded.
But what is the necessary consequence of such concession?

There were few, if any, areas in the United States which the Indians
did not claim. If this claim could not be admitted in its entirety as
a just and valid one; if it could not be admitted as a just bar to
any settlements by other iieoi)les; if civilization could not consent to
such a claim, where should the restriction begin? How should it be
accomplished! Who should fix the metes and bounds and who decide
the proper apportionment? This brings us back precisely to the
point which the European settlers on the continent were forced to meet,
and where the governments to which they pertained were forced to
act, whether they did so in accordance with a settled theory and policy
or not.

FOREIGN POL,ICY TOWARB THE INDIANS

In the preceding section attention is called to the principle main-
tained by the United States and by other civilized governments in
regard to the rights of the Indians to the soil. As theory and practice
are not necessarily identical and are sometimes quite variant from each
other, reference will now be made to the policy and methods adopted
in putting into practical operation this theory. However, to cover the
range of acquisitions from the Indians of land within the Iwunds of the
United States, it will be necessary to refer not only to the policy of
the Government since the adoption of its constitution, but also to that
of the colonies and of the other powers from which territory has been
obtained by the United States.

It will perhaps be best to begin with the policy of the powers from
which territory has been obtained by the United States since the adop-
tion of the constitution. By so doing the policy adopted by the col-
onies can be connected with that of tlie United States without being
interrupted by reference to that of other governments.

THOMAS] FOREIGN POLICY TOWARD THE INDIANS 539

THE SPANISH POLICY

Although the cruelty of the Spaniards in their treatment of the
Indians during the conquest of Mexico and Central America is prover-
bial, yet an examination of the laws of Spain and ordinances of the
King show that these acts were not only not warranted thereby, but in
direct conflict therewith. So early as 1529, in the commission consti-
tuting Cortes captain-general of 'New Spain, he was directed to give
his i)rincipal care to the conversion of the Indians; that he should see
that no Indians be given to the Spaniards to serve them; that they
paid such tribute to His Majesty as they might easily aflbrd, and that
there should be a good correspondence maintained between the Sjian-
iards and the Indians and no wrong offered to the latter either in their
goods, families, or persons. Bishop Don Sebastian Ramirez, who was
acting governor under Cortes subsecjuent to his commission, earnestly
endeavored, be it said to his honor, to put into i)ractice these humane
orders. We are informed by Antonio de Herrera' that he not only
abrogated the enslavement of any Indians whatsoever, but also took
care that none of them should be made to carry burdens about the
country, ''looking upon it as a labor fit only for beasts." He was no
less exact in the execution of all the ordinances sent by the Council of
Spain for the ease, improvement, and conversion of the natives. " By
that means," adds the old historian, ''the Country was much improv'd
and ail Tilings carried on with Equity, to the general Satisfaction of all
good Men."

The laws enacted for the government of the " Kingdoms of the Indies "
were still more pointed in tlie same direction, and fully recognized the
rights of the Indians to their landed possessions. However, as will
become apparent from an examination of these, no claim by the natives
to unoccupied lands or uninhabited territory appears to have been rec-
ognized. Such territory was designated " waste lands," and formed
part of the royal domain. As evidence of this the following brief
extracts from the liecopiladon de las Leyes de los Reynos de las Indias
are presented:^

We decree and command, that the laws and good customs anciently in force in
the Indies, for their good government and police, and the usages and customs
observed and retained from the introduction of Christianity among them, which are
not repugnant to our sacred religion, or to the laws coutaineil in this book, and to
those which have been framed anew, be observed and fultilled ; and it having become
expedient to do so, we hereby approve and confirm them, reserving to ourselves the
power of adding thereto whatever we shall think fit and will appear to us necessary
for the service of (Jod our Lord, and our own, and for the protection of, and Chris-
tian police among, the natives of those Provinces, without prejudice to established
usages among them, or to their good and wholesome customs and statutes. — Lih. II,
tit. 1, law 4, vol. I, p. :.'1S.

It being our wish that the Indians be protected and well treated, and that they be

' Historia General, dec. hi. bk. 7, chap. 3 (Stevens' translation).

"From Law3, U. S. Treaties, etc., Respecting Public Lands, vol. ii, 1836.

540 INDIAN LAND CESSIOXS IN THE UNITED STATES Ieth ann. 18

not molested nor injured in their person or property ; We command that in all cases,
and on all occasious, when it shall he proposed to iiistitute an inquiry, whether any
injury is to accrue to any person in cou.seiiueuce of any grant of land, whether for
tillage, pasture, or other purposes, the Viceroys, Presidents, and .ludges shall cause
summonses to he directed to all persons whom it may really concern, and to the
Attorneys of our Koyal Audiences, wherever Indians may he interested, in order
that all and every person may take such measures as may he expedient to protect
his rights against all injuries which might result therefrom.— /.ifi. //, tit. IS, law 36,
vol. I, p. 41;J.

Whereas some grazing farms, owned by Spaniards for the use of their cattle, have
been ]irodnctive of injury to the Indians, by being located upon their lauds, or very
near thiir fields and settlements, whereby said cattle eat and destroy their produce
and do them other damage: We command that the .Judges who shall examine the
lands. mal<e it their duty to visit such farms, without previous request to do so. and
ascertain whether any injury accrues therefrom to the Indians or their property;
and, if so. that, after due notice to the parties interested, they forthwith, and Dy sum-
mary or legal process, according as they may think most tit, remove them to some
other place without damage or prejudice to any third person. — Lib. II, tit. 31, law
13, vol. I. p. 4S4.

Should the natives attempt to oppose the settlement [of a colony], they shall be
given to understand that the intention in forming it, is to teach them to know God
and His holy law. by which they arc to be saved; to preserve friendship with them,
and teach them to live in a civilized .state, and not to do them any harm or take
from them their settlements. They shall be convinced of this by mild means,
through the interference of religion and priests, and of other persons appointed by
the Governor, by means of interpreters, and by endeavoring by all possible good
means, that the settlement may be made in peace and with their consent; and if,
notwithstanding, they do withhold their consent, the settlers, after having notiKed
them pursuant to Law 9, Tit. 4, Lib. 3, shall proceed to make their settlement with-
out taking any thing that may belong to the Indians, and without doing them any
greater damage than shall be necessary for the protection of the settlers and to
remove obstacles to the settlement. — Lib. IF, tit. 7, law 23, vol. II, p. 24.

We command that the farms and lands which may he granted to Spaniards, be so
granted without prejudice to the Indians; and that such as may have been granted
to their prejudice and injury be restored to whoever they of right shall belong. —
Lib. IT, til. 13, law ii, vol. II, p. 41.

In order to avoid the inconveniences and damages resulting from the sale or gift to
Spaniards of cabaUerias or peoniaa, and other tracts of laud, to the prejudice of the
Indians, upon the suspicious testimony of witnesses, we order and command, that all
sales or gifts shall he made before the Attorneys of our Royal Audiencias, to be sum-
moucd for that purpose, who shall be bound to examine, with due care and diligence,
the character and depositions of witnesses; and the Presidents and Audiences, where
they shall administer the government, shall give or grant such lands by the advice
of the Board of Treasury, where it shall appear that they belong to us, at auction,
to the highest bidder, as other estates of ours, and always with an eye to the benefit
of the Indians. And where the grant or sale shall be made by the Viceroys, it is our
will that none of the officers above mentioned shall interfere. Upon the letters
which shall lie granted to the parties interested, they shall sue out coulirmations
within the usual time prescribed in cases of grants of Indians [tiioomieiidas de
In(lios].—Lib. IV, tit. 12, law IC, vol. II, p. 43.

In order more eft'ectually to favor the Indians, and to prevent their receiving any
injury, we command that no composition shall be admitted of lands which Spaniards
shall have acquired from Indians, in violation of our roj'al letters and ordinances,
and which shall he held upon illegal titles: it being our will that the Attorneys-
Protectors should proceed according to right and justice, as required by letters and

THOMAS] SPANISH POLICY TOWARD THE INDIANS 541

ordinances, in procuring such illegal contracts to be aunulleil. And we command
the Viceroys, Presidents, and Audiences to grant tbem their assistance for its entire
execution. — Lib. IV, til. /.', law 17, vol. II, p. 43.

We command that the sale, grant, and composition of lands be executed with such
attention, that the Indians shall be left in possession of the full amount of lauds
lielonging to them, either singly or in communities, together with their rivers aud
waters ; and the lauds which they shall have drained or otherwise im[iroved. whereby
they may, by their own industry, have rendered them fertile, are reserved in the first
place, and can in no case he sold or aliened. And the .fudges who shall have been
sent thither, shall specily what Indians they may have found on the land, and what
lands they shall have left in possession of each of the elders of tribes, cacitiues,
governors, or connnunities. — Lib. IV. tit. IJ, law 17 [1S'\, vol. II, p. i-i.
, No one shall be admitted to make composition of lands Avho shall not have been
in possession thereof for the term of ten years, althongb he should state that he
is in possession at the time; for such circumstance by itself is not sutticient; and
communities of Indians shall be admitted to make such compositions in preference
to other private individuals, giving them all facilities for that purpose. — Lib. IV,
til. 12, law 19, vol. II, p. 44.

Whereas the Indians would sooner and more willingly be reduced into settle-
ments, if they were allowed to retain the lands and iuiprovenieuts which they may
possess in the districts from which they shall remove; we command that no altera-
tion be made therein, and that the same be left to tbem to he owned as before, iu
order that they may continue to cultivate tbem and to disjiose of their produce. —
Lib. VI, tit. 3, law 9, vol. II, p. 209.

According to the royal ordinance, given at San Lorenzo el lieal,
October 15, 1754, it was decreed tliat, ''The Judges and Otticers, to
whom Jurisdictiou for the sale and composition of the royal lands
\re(iIe>igos\ may be sub-delegated, shall proceed with mildness, gentle-
ness, and moderation, with verbal and not judicial proceedings, in the
case of those lands which the Indians shall have possessed, and of
others when required, especially for their labor, tillage, and tending of
cattle."

It appears, however, that the Spanish government never accepted
the idea that the Indians had a possessory right to the whole territory,
but only to so much as they actually occupied, or that was necessary
for their use. Tiiis policy toward the natives seems to be indicated
by the following extract:

Whereas we have fully inherited the dominion of the Indies; and whereas the
waste lands and soil which were not granted by the Kings, our predecessors, or by
ourselves, in our name, belong to our ))atrimony and royal ciown. it is expedient
that all the land which is held without just and true titles be restoreil, as belonging
to ns, in order that we may retain, before all things all the lauds which may appear
to us and to our Viceroys, Audiences, and Governors, to be necessary for public
squares, liberties, [eji'rfos.] reservations, lproi>iox,'\ jiastures. and commons, to be
granted to the villages and I'ouucils already settled, with due regard as well to their
present condition as to their future state, and to the increase they may receive,
and after distributing among the Indians whatever they may justly want to culti-
vate, sow, and raise cattle, confirming to them what tbey now hold, and granting
what they may want besides — all the remaining land may be reserved to us, clear
of any incumbrance, for the purpose of being given as rewards, or disposed of
according to our pleasure. — Lib. IV, tit. 12, law 14, vol. II, p. 42.

542 IXDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

The same idea appears to be embraced in law IS, lib. 4, tit. 12, given
above; also in tbe following sections in the " Regulations of intendant
Morales regarding grants of land:"

24. As it is imiiossible, considering all the loc.il circumstances of these provinces,
that all the vacant lands hclonging to the domain should bo sold at auction, as it is
ordaiued by the law loth, title 12th, book 4th of the collection of the laws of these
Kingdoms, the sale shall be nuide according as it shall be demanded, with the inter-
vention of the King's Attorney for the Board of Finances, for the price they shall be
taxed, to those who wish to j)urchase; understanding, if the purchasers have not
ready money to pay, it shall be lawful for them to purchase the said lands at redeem-
able quit-rent, during which they shall paj' the live per cent, yearly.

31. Indians who possess lands within the limits of the Government shall not, iji
any manner, be disturbed; on the contrary, they shall bo protected and supported;
and to this, the Commandants, Syndics, and Surveyors, ought to pay the greatest
attention, to conduct themselves in consequence.

32. The granting or sale of any lands shall not he proceeded in without formal
information having been previously received that they are vacant; and, to avoid
injurious mistakes, wo premise that, beside the signature of the Commandant or
Syndic of the District, this information ought to be joined by that of the Surveyor,
and of two of the neighbors, well understanding. If, notwithstanding this necessary
precaution, it shall he found that the laud has another owner besides the claimant,
and that there is sufficient reason to restore it to him, the Commandant, or Syndic,
Surveyor, and the neighbors, who have signed the information, shall indemnify him
for the losses he has suffered.'

In 1776 one Maurice Conway, who had made a purchase on New
Orleans island from the Houma Indians, which purchase liad been
approved, asked of the Spanish authorities an additional grant by
wliich he might obtain some timber land adjoining thereto. This was
granted by Onzaga with the following restrictions: "Provided it be
vacant, and that no injury is thereby done to any of the adjoining
inhabitants; to which effect he shall establish his boundaries and lim-
its; and of the whole proceedings he shall make a process verbal, of
which he shall make a return to ns, signed by liimself and the parties,
in order to issue the complete title, in due form, to the claimant."

In carrying out the orders to mark off this grant the Houma chief
was taken upon the ground in order that he might see that the lands
of his tribe were not encroached on.

It does not appear that the Spanish government at any time adopted
the policy of purchasing the Indian title, though clearly and distinctly
recognizing it, to the hinds they occupied. It, however, seems to have
been a rule that the Indians should be compensated for their village
sites and lands in actual use which were taken from them. This, how-
ever, was done usually by granting them other lands. Grantees were
usually the purchasers of the Indian title where it was deemed neces-
sary tliat this should be extinguished.

The foregoing laws and ordinances applying generally to the Spanish
possessions known as "New Spain" were, of course, equally applica-
ble to Louisiana and Florida and other portions of territory acquired

■Laws Belating to Public Lauds, 1828, pp. 984-985.

THOMAS] SPANISH POLICY TOWARD THE INDIANS 543

by tlie United States, directly or indirectly, from Spain. However,
as West Florida was a depeudency of Louisiana, wbicli most of the
time had its own government, and East Florida was attached to the
inteiidency of Cuba, there were some ditfereuces in the local adminis-
tration of the laws and in the customs adopted in dealing with the
Indians.

Some two or three commissions were authorized by Congress to
examine into and decide in regard to land claims in Florida derived
from Spanish grants. Little or nothing can be derived from their
reports in regard to the method of extinguishing the Indians' claim.
Two members of the tirst commission were so clearly personally inter-
ested in several of these grants that the third member (Alexander
Hamilton) felt himself compelled to resign and to protest against the
conclusions reached. The only fact brought out by them bearing on
the ([uestion before us is that grants were, during the closing years
of Spanish rule, made in a most reckless manner and apparently with
little or no attention to the rights of the Indians, the designation
"vacant lands" being considered a sufiQcient gnjund for making a
grant. The official surveyor in many ca.ses did not even run around
the boundary of a grant, nor pretend to ascertain whether it was on
Indian territory. This, however, was not in accordance with the law
and royal policy, as appears from the statement of Juan .lose de
Estrada, governor pro tempoie of Florida (July 29, 1811).' Writing to
the Marques de Someruelos, in regard to a I'equest of one Don Cristoval
Gios for a large grant along the southwest coast of Florida for plant-
ing a colony, he remarks:

But the greatest objection to the project of Don Cristoval Gios [who proposed
planting a colony] remaines to be examined, and it is, that the lands he asks the
cession of are not public; they are the property of the Indians, who look with
much interest to any usurpation of them, however small it may be. The preserva-
tion of their lands is one of the bases of our friendship with them; and in .all the
liaraugucs prouounced liy the Governors of this Province, they have been .always
promised the same treatment and privileges they had under the British Government.
That Government ruled the land as a sovereigu, but left the Indians the property of
the soil, except those places which they had acf|uired from the aborigines by pur-
chase, or by a solemu treaty made with the Chiefs The Anglo-Americans follow
this same rule with the Indians who are under their domiuion, and it is certain that
the same rule has been religiously observed in the two Florldas, no white man being
permitted to purchase laud from the Indians without the intervention of the Govern-
ment to prevent frauds, and prohibiting strictly that any person should establish
himself iu the territory known as theirs.

He further adds:

In virtue of this, I am of opinion that, unless Don Cristoval Gios obliges himself
to purchase from the Indians the lauds he pretends to, and that said purchase is
made Avith the knowledge and iu the preseuce of this Government, and interpreters
appointed by it, his project is rather directed to compromise the tranquility of this
province, and, therefore, that perpetual silence on the subject should be imposed
upon him.

'Laws etc., Relating to Public Lands, vol. n (1836), appendix, pp. 233-234.

544 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.axn. 18

It \yould a[)pear from this that when the hiw was complied with,
those desirinji' lands which were iu possession of the Indians were
required to pnrchase them from the tribe. This was to be done iu the
presence of the surveyor or some one authorized to act for the governor
of the province, and it was required that there should be an interpreter
approved by the governor. It was al.so requisite that the dued of
purchase should be approved. Whether otticial permission to make the
purchase was necessary does not appear. That the governor, or one
exercising authority iu the name of the King, had the power to refuse
approval of such purchase is certain, although this seems to have been
doubted by some of the commissioners appointed by the United States
to examine into the Spanish claims.

The custom in Louisiana was substantially that described by Estrada
in the above-quoted letter.

According to the report of the commissioners on the "Opelousas
claims,'' the Spanish functionaries seem to have made a distinction
between Indians who had partaken of the rite of baptism and other
Indians. The former appear to have been considered capable of hold-
ing and enjoying lands in as full and complete a manner as any other
subjects of the Crown of Spain. Sales by these Indians were generally
for small tracts, such as an Indian and his family might be supposed
capable of cultivating, and being passed before tlie proper Spanish
officer and tiled for record, were considered valid by the usages of the
Spanish government without ratification being necessary. But pur-
chases from other Indians, as those from a tribe or chief, were not
complete until they had been ratified by the governor of the jjroviuce,
the Indian sale transferring the Indian title and the ratification by the
governor being a relin(iuishment of the right of the Crown.

The testimony of Mr Charles L. Trudeau, many years surveyor-
general of the province of Louisiana under the Spanish government,
in regard to the custom in tliis respect, which ajipears to have been
relied on by the commissioners, is as follows:

The deponent knows of no ortlinant<-s or regulations under any Governor of Lou-
isiana, except O'Keilly.by whiib tlie Indians, inbabitinj; lands in the province, were
limited in their possessions to one league square about their villages, but this regu-
lation has not been adhered to by any of his successors. The deponent knows that
the custom was, that when a tribe of Indians settled a village by the consent of the
Government, that the chief tixid the boundaries, and where there were one or more
neighboring villages, the respective chiefs of those villages agreed upon aiid fixed
the boundaries between themselves, and when any tribe sold out its village, the I'om-
mandant uniformly made the conveyance according to the limits i)ointed out by tlie
chief. The lauds claimed by the Indians around their villages, were always considered
as their own, and they were always protected in the unmolested enjoyment of it by
the Government against all the world, and has always passed from one generation to
another so long as it was possessed by thim as their own property. The Indiaus
always sell their land with the consent of the Government, and if, after selling their
village and the lands around it, they should, Ijy the permission of the Goverumeut
establish themselves elsewhere, they might again sell, having first obtained the per-
mission of the Government, and so on, as often as such permission was obtaineil, and

THOMAS] FRENCH POLICY TOWARD THE IXDIAXS 545

uo instauce is knowu where such perniissiou has ever been refused or withheld.
These sales were passed before the Coiumandaiit of the District, and were always
good and valiil, without any order from the Commandant.'

It appears tbat Governor O'lieilly ordained that no grant for land in
Opelousas, Attacapas, or Natchitoches could exceed one league square.
It seems that this ordinance was to have a retroactive effect. Hence,
purchases which had been made from Indians were reduced to this
amotmt. but the suri)lusage, instead ot reverting to the Indians, became
a part of the royal domain.

Finally, we quote the following from the commissioners' report, as
bearing on the jioint now under discussion:

If it should be asked, what evidence exists of the law of prescription operating to
the extinction of the Indian title to lands in Louisiana, it might bo replied, that the
evidence is to be found in the varions acts of the Spanish Government, in relation to
tlie Indians, evincing that the (iovernmentrccdfi.iized no title in them, iuilependently
of that derived from the crown, a mere right of occupancy at the will of the Govern-
ment; else why was the sanction of the Government necessary to all sales passed by
Indians, which may be clearly established by a recurrence to written documents, and
the testimony of Messrs. Trudeau, De Blanc, and Laypard? and why was it not neces-
sary to liave such sanction of the sales made by other subjects of the Spanish Gov-
ernment ? The force and effect of prescription, in abolishing the Indian title to lauds
in Louisiana, is further established by the Indians permitting themselves to he
removed from plaie to place by Governmental authority. By their condescending,
in some cases, to ask permission of the Government to sell their lands, and, when
that permission was not solicited, assenting to the insertion of a clause in the deeds
of sale, expressly admitting that their sales could be of no validit.y without the ratiti-
catiou of the Government, -

THE FREN'CH POLICY

A somewhat thorough examination of the documents and histories
relating to French dominion in Ciinada and Louisiana fails to reveal
any settled or regularly defined policy in regard to the extinguishment
of the Indian title to land. Nevertheless, it is fair to assume that
there was some policy in their proceedings in this respect, but it does
not appear to have been set forth by legal enactments or clearly made
known by ordinances. It seems, in truth, to have been a question
kei)t in tlic background in their dealings with Indians, and brought to
the front only in their contests with other powers in regard to territory.
It would seem, although not clearly announced as a theory or policy,
that it was assumed, when a nation or tribe agreed to come under
French dominion, that this agreement carried with it the title to their
lands.

In the letters patent given by Louis XV to the " Western Company"
in August 1717, the following rights and privileges are granted:-'

Sec. V. With a view to give the said Western Company the means of forming a
firm establishment, and enable her to execute all the speculations she may under-
take, we have given, granted, and conceded, do give, grant, and concede to her, by

' Laws, U. S. Treaties, etc.. respectiDg Public L-inds, vol. n (1836), app..p. 222'.

! Ibid., p. 224".

^B. F, French, Hislnrical CoUectioDs of Louisiana, pt. 3, 1851, pp. 50, 51.

546 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.18

these present letters ami forever, all tlie lauds, coasts, ports, havens, and islands
Tvhich compose onr province of Louisiana, in the same way and extent as we have
granted them to M. Crozat by our letters i)atent of 14th September 1712, to enjoy
the same in full property, seigniory, and jurisdiction, keeping to ourselves no other
rights or duties than the fealty and liege homage the said company shall be bound
to pay us and to the kings our successors at every now reign, with a golden crown
of the weight of thirty marks.

Sec. VI. The said company shall be free, in the said granted lands, to negotiate
and make alliance hi our name with all the nations of the land, except those which
are dependent on the other powers of Europe; she may agree with them on such
conditions as she may think fit, to settle among them, and trade freely with them,
and in case they insult her she may declare war against them, attack them or
defend herself by means of arms, and negotiate with them for peace or for a truce.

By section 8 authority is given to the company "to sell and give
away the lands granted to her for whatever quit or ground rent she
may think fit, and even to grant them in freehold, without jurisdiction
or seigniory."

In section 53 it is declared:

Whereas in the settlement of the lands granted to the said company by these
present letters we have chiefly iu view the glory of God by procuring the salvation
of the Indian savage and negro inhabitants whom we wish to be instructed in the
true religion, the said company shall be bound to build churches at her expense in
the places of her settlements, as likewise to maintain there as many approved
clergymen as may be necessary.

Substantially the same privileges, powers, and requirements were
provided for in the grant made ninety years before (April, 1627),
through Cardinal Richelieu's influence, to the Company of One Hun-
dred Associates, while France was struggling, through the leadership
of Champlain, to obtain a pernuineiit settlement on the St Lawrence.'

Although these are the strongest passages having any bearing on
the point indicated which have been found in the early grants, it must
be admitted that reference to the Indian title is only to be inferred.
The policy both in Louisiana and Canada seems to have been to talce
possession, at first, of those points at which they desired to make settle-
ments by peaceable measures if possible, though without any pretense
of purchase, thus obtaining a foothold. Eitlier preceding or following
such settlement, a treaty was made with the tribe, obtaining their con-
sent to come under the dominion of the King of France and acknowl-
edging him as the only rightful ruler over themselves and their
territory.

As an illustration of this statement, attention is called to the follow-
ing paragraph : ^

What is more authentic in this matter is the entry into possession of all those
Countries made hy M'. Talon, Intendant of New France, who in 1671, sent Sieur de
S'. Lusson, his Subdelegate, into the country of the Stauas, who invited the Depu-
ties of all the tribes within a circumference of more than a hundred leagues to meet

' J. G. Shea, Charlevoix's Hist. New France, vol. n, p. 39.

'Denonville, Memoir on the Freoch Limits in North America, New York Colonial Documents, vol.
IX, 1). 383.

THOMAS] FRENCH POLICY TOWARD THE INDIANS 547

at S'. Mary of the .Sault. On the 4"' of June, of the same year, fourteen tribes liy
their ambassadors repaired thither, and in their presence and that of a number of
Frenchnii'U, Sieur de S'. Lusson erected tliere a post to which lie affixed the King's
arms, and declared to all those people that he had convoked them in order to receive
them into the King's protection, and in his name to take possession of all their lands,
so that henceforth ours and theirs should be but one; which all those tribes very
readily accepted. The commission of said Subdelegate contained these very words,
viz' That he was sent to take possession of the countries lying between the East
and West, from Montreal to the South Sea, as much and as far as was in his power.
This entry into possession was made with all those formalities, as is to bo seen in
the Relation of 1671, and more expressly in the record of the entry into possession,
drawn up by the said Subdelegate.

Although this is used by Denonville in this place as an evidence of
the title of France as against that of England, yet it shows the French
custom of taking possession of new countries. Although not ditiering
materially from the method adopted in similar cases by other govern-
ments, yet it would seem from their dealings with the Indians that the
French considered this cerem(my, where the Indians were persuaded to
join in it, as absolutely passing to the Crown their i)ossessory right.

The commission to Marquis de Tracy (November 10. 1603), bestowing
on him the government of Canada, contains the following passage,'
which indicates reliance on the power of arms rather than in jieaceful
measures :

These and other considerations Us moving. We have constituted, ordained and
established, and by these Presents signed by our hands, do constitute, ordain and
establish the said Sieur de Prouville Tracy Our Lieutenant General in the entire
extent of territory under Our obedience situate in South and North America, the
continent and islands, rivers, ports, harbors and coasts discovered and to bo discov-
ered by Our subjects, for, and in the absence of, said Count D'Estrades, Viceroy, to
have command over all the (iovernors, Lieutenant Generals by Us establisheil, in all
the said Islands, Continent of Canada, Acadic, Newfoundland, the Antilles etc. like-
wise, over all the Officers and Sovereign Councils established in all the said Islands
and over the French Vessels whi<h w ill sail to the said Country, whether of War to Us
belonging, or of Jlerchants, to tender a new oath of lidelity as well to the Governors
and Sovereign Councils as to the three orders of the said Islands: enjoiuiug said
Governors, Officers and Sovereign Councils and others to recognize the said Sieur
de Prouville Tracy and to obey him in all that he shall order them; to assemble
the cpnunonalty when ucccssary; cause them to take up arms; to take cognizance
of, settle and arrange all ditl'erences which have arisen or may arise in the said
Country, either between Seigniors and their Superiors, or between private inhabit-
ants; to besiege and capture places and castles according to the necessity of the
case; to cause pieces of artillery to be dispatched and discharged against them; to
establish garrisons where the importance of the place shall demand them; to con-
clude peace or truces according to circumstances either with other Nations of Europe
established in saul Country, or with the barbarians; to invade either the continent
or the Islands for the purpose of seizing New Countries or establishing New Colo-
nies, and for this purpose to give battle and make use of other means he shall deem
proper for such uudertaking; to command the people of said Country as well as all
our other Subjects, Ecclesiastics, Nobles, Military and others of what condition
soever there residing; to cause our boundaries and our name to be extended as far
as he can, with full power to establish our authority there, to subdue, subject and

^New York Colonial Documents, vol. IX, p. 18.

548 INDIAN LAND CESSIONS IN THE UNITED STATES [eth ann. 18

exact obertienoe from all the people of said Countries, invitiiij; tbeni by all the most
leuieut means possible to the knowlcilge of God, and the light of the Faith and of
the Catholic Apostolic and Roman Keligion, and to establish its exercise to the
exclnsion of all others; to ilefend the said Countries with all his power; to main-
tain and preserve the said people in peace, repose and trampiility, and to command
both on sea and land; to order and cause to be executed all that he, or those he will
appoint, shall .judge fit and proper to be done, to extend and preserve said places
under Our authority and obedience.

It will be seen from tbis tbat tbe King's reliance in accomplisbing tbe
end he bad in view was on force rather than on fair dealing with the
natives. Nowhere in this commission or in any of the grants is there
any direct recognition of the Indians' possessory title, or an expressed
desire tbat tbey be secured in i)ossession of the lauds they occupy, or
that are necessary for their use. It is well known to all who are familiar
witli till' history of French dominion in Louisiana and Canada, that
resort was often made to tlic policy of secretly fomenting quarrels
between Indian tribes, and thus, by wars between themselves, so weaken
them as to render it less difiic^ilt to bring them under control.

That no itleaof purchasing or jjretending to purchase the possessory
right of the. natives had been entertained by the French up to IGSO, is
evident from a passage in the letter of M. de Denonville to M. de
Seigneliiy, May 8, lO.SG,' where he states: "The mode observed by the
English with the Iroquois, when desirous to form an establishnicnt in
their neighborhood, has been, to make them presents for the purchase
of the fee and property of the land they would occupy. What I con-
sider most certain is, that whether we do so, or have war or ]ieace with
them, they will not suffer, except most unwillingly, the construction of
a fort at Niagara." That the war policy was the course adopted is a
matter of history.

How, then, are we to account for the fact that the relations of the
French with the Indians under their control were, as a general rule,
more intimate and satisfactory to both parties than those of other
nations ? Parkman has remarked that ' The power of the priest estab-
lished, that of the temporal ruler was secure. . . . Spanish civilization
crushed the Indian; English civilization scorned and neglected him;
French crvilization embraced and cherished him.'' Although this can
not be accepted as strictly correct in every respect, yet it is true that
intimate, friendly relations existed between the French and their Indian
subjects, which did not exist between the Spanish or English and the
nati\e poi)nlation. However, this can not be attributed to the legal
enactments or delined policy of the French, but rather to their i)racti-
cal methods.

Instead of holding the natives at arm's length and treating them
only as distinct and inferior people and (]uasi independent nations, tlie
French policy was to make them one with their own people, at least in
Canada. This is expressly declared in the following extracts:

I New York Colouial Documents, vol. IX, p. 289.

THOMAS] THE FRENCH AND THE ENGLISH POLICY 549

Colbert, writiug to Talon, April 0, IBGti, says:

In ordur to streiigtbeii the Colony iu the manner you propose, by bringing the
isolated settlements into parishes, it appears to me, without waiting to depend ou
the new colonists who may be sent trom France, nothing would contribute more to
it than to endeavor to civilize the Algonquins, the Hurons and other Indians who
have iMiibraccd Christianity, and to induce them to come and settle in common with
the 1 reuch, to live with them and raise their children according to our manners and
customs.'

In liis ie])ly, some seven inouths later, M. Talon informs Colbert that
lie lias endeavored to put his suggestions into practical operation under
police I emulations.

In aiiotlier letter, dated April 6, KifiT, Colbert writes to Talon' as
follows:

Recommendation to monlil the Indians, settled near us, after our manners and
language.

1 confess that I agreed with you that very little regard has been paid, up to the
present time, iu New France, to the police and civilization of the Algonquins and
Hurons (who were a long time ago subjected to the King's domination,) through our
neglect to detach them from their savage customs and to oblige them to adopt ours,
especially to become ac<iuaiiited with onr language. On the contrary, to carry on
some traffic with them, our French have been necessitated to attract those people,
especially such as have embraced Christianity, to the vicinity of our settlements,
if possible to mingle there with them, iu order that through course of time, having
only but one law and one master, they might likewise constitute only one people and
one race.

That this was the policy favored by the King is expressly stated
by Du Chesneau in his letter to M. de Seignelay, November 10, 1G79.
"1 comiiiunicated," he says, "to the Religious communities, both male
and female, and even to private persons, the King's and your intentions
regarding the Frenchiticatiou of the Indians. They all promised me to
use their best efforts to execute them, iiiid I hope to let you have some
news thereof next year. 1 shall begin by setting the example, and will
take some young Indians to have them instructed."'

In another letter to the same person, dated November 13, 1C81, he
says: ''Amidst all the plans jiresented to me to attract the Indians
among us and to accustom them to our manners, that from which
most success may be anticipated, without fearing the inconveniences
common to all the others, is to establish Villages of those people iu
our midst. '"^

That the same policy was in vogue as late as 1704 is shown by the
fact that at this time the Abnaki were taken under French protection
and placed, as the records say, "In the center of the colony."

THE ENGLISH POLICY

In attempting to determine from history and the records the British
policy in dealing with the Indians iu regard to their possessory rights,

' Xew York Clolonial Documents, vol. ix, p. 43. ^ [bid., ]i. 136.

nbiU.,p. 59. «Ibid., p. 150.

550 INDIAN LAND CESSIONS IN THE UNITED STATES Ieth.axn. 18

the iuvestigator is somewhat surprised to find (except so far as they
relate to the Dominion of Canada and near the close of the govern-
ment rule over the colonies) the data are not only meager but mostly
of a negative character. It must be understood, however, that this
statement refers to the policy of the English government as distinct
from tlie methods and policy of the dift'erent colonies, which will later
be noticed.

The result of this investigation, so far as it relates to the possessions
formerly held by Great Britain within the present limits of the United
States, would seem to justify Parkman's statement that "English
civilization scorned and neglected the Indian," at least so far as it
relates to his possessory right. It is a significant fact that the Indian
was entirely overlooked and ignored in most, if not all, of the original
grants of territory to companies and colonists. Most of these grants
and charters are as completely void of allusion to the native population
as though the grantors believed the lands to be absolutely waste and
uninhabited.

For example, the letters patent of James I to Sir Tiiomas Gage and
others for " two several colonies," dated April 10, 1606, although grant-
ing away two vast areas of territory greater than England, inhabited
by thousands of Indians, a fact of which the King had knowledge
both officially and unofficially, do not contain therein the slightest
allusion to them.

Was this a mere oversight? More than a hundred years had elapsed
since the Oabots had visited the coast; Raleigh's attempted coloniza-
tion twenty years before was well known, and the history of the dis-
covery and con(iuest of Mexico had been proclaimed to all the civilized
world. Still the omission might be considered a mere oversight but
for the fact that his second charter (May 23, 1609), to "The Treasurer
and Company of Adventurers and Planters of the City of London for
the Colony of Virginia," and that of JMarch 12, 1011-12, are e(iually
silent on this important subject. It may be said, and no doubt truly,
that the Crown merely granted away its title in the lands, its public
domain, leaving the grantees to deal with the inhabitants as they
might find most advantageous. Nevertheless this view will not att'ord
an adequate excuse for the total disregard of the native occupants.
The grants were to subjects, and the rights of sovereignty were
retained.

The so-called "Great Patent of New England," granted "absolutely"
to the "said council called the council established at Plymouth, etc.,"
the "aforesaid part of America, lying and being in breadth from forty
degrees of northerly latitude from the equinoctial line, to forty-eiglit
degrees of said northerly latitude inclusively, and in length of and
■within all the breadth aforesaid throughout the main land Irom sea to
sea, together also with all the firm land, soils, grounds, havens, ports,
rivers, waters, fishings, mines, and minerals," yet there is not the

THOMAS] ENGLISH POLICY TOWARD THE INDIANS OOl

slightest iutimatioii that any portion of this territory was occupied by
natives. There is, however, a proviso that the grant is not to inchxde
any lands "actually possessed or inhabited by any other Christian
prince or state," but the Indians are wholly ignored.

That the Indians were not wholly forgotten when the charter of
Charles I, granting Maryland to Lord Baltimore, was penned, is evi-
dent from some two or three statements therein. But none of these,
nor anytbiug contained in the charter, has any reference to the rights
of these natives, or show any solicitude for their welfare or projier treat-
ment. The first of these is a mere recognition of the fact that the
territory is partly occupied by them : ''A certain region, hereinafter
described, in a country hitherto uncultivated, in the parts of America,
and partly occupied by savages having no knowledge of the Divine
Being." The next is that mentioning as the payment required " two
Indian arrows of those parts to be delivered at the said castle of
Windsor, every year on Tuesday in Easter week." Tlie third is a mere
mention of "savages" as among the enemies the colonists may have to
encounter. The fourth and last alhision to the natives is in the twelfth
section, which authorizes Lord Baltimore to collect troops and wage
war on the " barbarians " and other enemies who may make incursion
into the settlements, and "topursne them eveu beyond the limits of
their province," and "if (lod shall grant it, to vanquish and captivate
them ; and the captives to put to death, or according to their discretion,
to save." The only allusion to the natives in William Penn's charter
is the same as the latter in substance and almost the same in words.

Other charters might be cited to the same eflect, but those mentioned
will suttice to show that as a rule the English sovereigns wholly ignored
the Indians' rights in granting charters for lands in North America;
that they gave no expression therein of a solicitude for the civilization
or welfare of the natives. Although the problem of dealing with these
native occupants was thus shifted on the grantees and colonists, yet
there were occasions where the government was forced to meet the
question and take some action. Actual contact with the difficulty, of
course, made it necessary to develop some policy or adoi)t some rule of
action. This led to the recognition of the Indians' right of occupancy
and the obligation on the government to extinguish this right by i^ur-
chase or other proper means consistent with national honor.

Soon after Charles II ascended the throne he sent (1GG4) commis-
sioners to America to examine into the condition of the colonies and to
determine all complaints and appeals which might be brought before
them. Their purpose was thwarted largely by the opposition of Massa-
chusetts, and, although deciding on some claims based on purchases
from Indians, no policy in this respect was developed.

As treaties, etc, concerning lands, which may be considered as made
directly with the English government and not with the colonies, the
following may be mentioned as the most important.
18 ETH, PT 2 3

552 INDIAN LAND CP:SSI0XS IN THE UNITED STATES [eth.a™. 18

A "Deed from the Five Nations to the King, of their Beaver Hunt-
ing Ground," made at Albany, New Yoik. July 19, 1701. This, which
is somewhat peculiar, is as follows:'

To all Christian & Indian people in this parte of the world and in Enrope over
the great salt waters, to whom thi; presents shall come — Wee the Sachims Chief
men. Capt"* and representatives of the Five nations or Cantons of Indians called
the JIaqnase Oneydes Onnandages and Sinnel;es living in the Governaient of New
Yorke in America, to the north west of Albany on this side the Lp^ke Cadarachcjui
sendeth greeting — Bee it known unto yon tliat our ancestors to our certain knowl-
edge have liad, time out of mind a iierce and bloody warr with seaven nations of
Indians called the Aragaritkas- whose Cliief cnniand was called successively Choha-
hise — The land isscituatelyeingand being northwest and by west from Albany begin-
ning on the south west' side of Cadarach<iui lake and includes all that waste Tract
of Land lyeing between the great lake off Ottowawa^ and the lake called by the
natives Sahiquage and by the Christians the lake of 8wege'' and runns till it butts
upon the Twicbtwichs and is hounded ou the right haud by a place called Quadoge^
couteigning in lengtli about eight hundred miles and in bredth four hundred miles
Including the country where the bevers the deers, Elks and such beasts keep and
the place called Tieugsachroudio, alias Fort dc Tret or Wawyachteuok and so runs
round the lake of .Swege till yon come to )ilace called Oniadarondaijuat which is
about twenty miles from the Sinuekes Castles wliich said seaven nations our jirede-
cessors did lour score years agoe totally conquer and subdue and drove them out of
that country and had peaceable and quiet j)OSsession of the same to hunt beavers
(which was the motive caused us to war for the same) for three score years it being
the only chief place for huutiug in tliis parte of the world that ever wee heard of
and after that wee had been sixty years sole masters and owners of the said land
enjoying peaceable hunting without any internegation, a remnant of one of the
seaven nations called Tionondade whom wee had expelled and drove away came and
settled there twenty years agoe disturbed our beaver hunting against which nation
wee have warred ever since and would have subdued them long erenow bad not they
been assisted and succoured by the French of Canada, and whereas the (Jovernour of
Canada aforesaid hath lately sent a considerable force to a place called TjeugbsagU-
ronde the principall passe that commands said laud to build a Forte there without
our leave and consent, by which means they will possess themselves of that excellent
conutry where there is not only a very good soile but great plenty of all maner of
wild beasts in sneh quantities that there is no maner of trouble in killing of them
and also will be sole masters of the Boar' hunting whereby wee shall be deprived
of our livelyhood and subsistance and brought to j)erpetual bomlagc and slavery,
and wee having subjected ourselves and lan<ls ou this side of Cailarachq ui lake wholy
to the Crown of England wee the said Sachims chief men Capt'" and representa-
tives of the Five nations after mature deliberation out of a deep sence of the many
Eoyall favours extended to us by the i)resent great Monarch of England King Will-
iam the third, and in consideration also that wee have lived peaceably and (juietly
with the people of albany our fellow subjects above eighty years when wee first
made a firm league and covenant chain witli these Christians that first came to set-
tle Albany on this river whicli covenant cliain hath been yearly renewed and kept
bright and clear by all the Governours successively and many neighbouring Govern-

'Xew York Colonial Documents, vol. iv, p. 00&

^Hurons.

^Northwest. See next page, line 12.

■*Lake Iliirnn.

'Lake Erie.

«At the lieadof Lake Michisan. MitchM's iTap of \orth America, 1755. Xow, Chicago, accordini;
to Map of the British Dominions in Xorik America, 1763, prefixed to Charlevoix's Votiages, 8^, Dublm,^
1766.

'A'ic. Query — Beaver?

THOMAS] ENGLISH POLICY TOWARD THE INDIANS SilS

m" of English and nations of Indians have since upon their request been admitted
into the same. Wee say upon these and many other good motives us hereunto moveing
have frei'ly and voluntary surrendered delivered up and for ever quit claimed, and
by these presents doe for us our heires and successors absolutely surrender, deliver
up and for ever quit clainie uuto our great Lord and JIaster the King of England
called by us Corachlioo and by the Christians William the third and to his heires
and successors Kings and Queens of England for ever all the right (itle and interest
and all the claime and demand whatsoever which wee the said five nations of Indians
called the Jlaquase, Oneydes, Onnondages, Cayouges and Siunekes now have or which
wee ever had or that our heirs or successors at any time hereafter may or ought to
have of, in or to all that vast Tract of land or Colony called Canagariarchio beginning
on the northwest side of C'adarachqui lake and includes all that vast tract of land
lyeing between the great lake of Ottawawa and the laki^ called by the natives Cahi-
quage and by the Christians the lake of Swege and runns till it butts upon the
Twiclitwichs and is bounded on the westward by the Twichtwichs by a place called
Quadoge conteiniug in length about eight hundred miles and in breath four hun-
dred miles including the Country where Keavers and all sorts of wild game keeps
and the place called Tjeughsaghroudie alias Fort de tret or Wawyachtenock and so
runns round the lake of Swege till you come to a place called Oniadaruudaquat
which is about twenty miles from the Sinnekes castles including likewise the great
falls Oakinagaro, all which [was] formerly posest by seaven nations of Indians
called the Aragaritka whom by a fair warr wee subdued and drove from thence four
score years agoe bringing numy of them captives to our country and soe became to
be the true owners of the same by conquest which said land is scituate lyeing and
being as is above expressed with the whole soylc the lakes the rivers and all things
pertaining to the said tract of land or colony with power to erect Forts and castles
there, soe that wee the said Five nations nor our heires nor any other person or per-
sons for us by any ways or meanes hereafter have claime challenge and diniaud of in
or to the premises or any parte thereof alwayes provided and it is hereby expected
that wee are to have free hunting for us and the heires and descendants from us the
Five nations for ever and tliat free of all disturbances expecting to be protected
therein by the Crown of England hut from all the action right title interest and
demand of in or to the premises or every of them shall and will be nterly excluded
and debarred for ever by these presents and wee the said Sachims of the Five Nations
of Indians called the Maquase, Oneydes, Onnandiiges, Cayouges and Sinnekes and our
heires the said tract of laud or Colony, lakes and rivers and premises and every part
and parcell thereof with their and every of their appurtenances unto our souveraigne
Lord the King William the third A his heires and successors Kings of England to his
ami their proper use and uses against us our heires and all and every other person
lawfully claiming by from or under us the said Five nations shall and will warrant
and forever defend by these presents — In Witness whereof wee the Sachims of the
Five nations above mentioned in behalf of ourselves and the Five nations have
signed and sealed this present Instrument and delivered the same as an Act and deed
to the Hon*'''' ,John Nanfan Esq"^ Lien' Gov' to our Great King in this province whom
wee call Corlaer in the presence of all the Magistrates otticers and other inhabitants
of Albany praying our Brother Corlaer to send it over to Carachkoo our dread sou-
veraigne Lord and that he would be graciously pleased to accept of the same Actum
in Albany in the middle of the high street this nineteenth day of July in the thir-
teenth year of His Maj'>'» reign Annoque Domini 1701.

This Wits coiilinued twenty-five years later by a substautial renewal
of the deed, but limited in extent and made in the form of a trust, the
granting clause being as follows: '

We . . . Uo hereby Ratify Confirm Submit and Grant and by these Presents do
(for our Selves our heirs and Successors and in behalf of the whole nations of

' New York Colonial Documents, vol. v, p. 800.

554 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

Sinnekes Cayouges & onnondages) Ratify Confirrae Submit aud Grant unto Our
Most Sovereign Lord George by the grace of God King of Great Brittain France
aud Ireland Defender of the Faith & bis lieirs and Successors for Ever, all the Said
Land and Beaver hunting to be Protected & Defended by his Said Majesty his heirs
& Successors to and for the use of us our heirs & Successors and the said Three
nations. And yre Do allso of our owu Accord free aud A'oluntary will Give Render
Submit and Grant and by these presents do for our Selves our heirs & Successors
Give Reuder Submit aud Graut unto Our Said Sovereign Lord King George his heirs
and Successors for Ever all that Land Lying aud being Sixty miles distance taken
Directly from the water into the Country Beginning from a Creek Call'd C'liuahogue
on the Lake Osweego, all along the said lake aud all along tlie narrow passage from
the said Lake to the Falls of ( )niagara Called Cahaquaraghe and all along the River
of < iniagara aud all along the Lake Cadarackquis to the Creek Called .Sodonis
belonging to the Senekes aud from Sodoms to the hill Called Tegerhunkserode
Belonging to the Cayouges, and from Tegerhunckseroda to the Creek Called Cay-
hunghage Belonging to the Onnondages all the Said Land being of the Breadth of
Sixty English miles as aforesaid all the way from the aforesaid Lakes or Rivers
Directly into the Country aud thereby Including all the Castles of the aforesaid
Three nations with all the Rivers Creeks aud Lakes within the Said Limits to be
protected & Defended by his said Majesty his heirs aud Successors for Ever To and
for Our USE our heirs & Sucessors and the Said Three Nations lu Testimony
whereof We have hereunto sett our JIarks and Affixed our Seales in the city of
Albany this fourteenth Day of September in The thirteenth year of his Majestys
Reign Annoq'' Domini 1726

Although these concessions were made by the Indians solely for the
purpose of ])]aciiig themselves under the sovereignty and protection of
the English government, attempts were afterward made to construe
them as an absolute transfer of the Indian title, and grants were made
by the authorities for tracts iu said territory. This claim, however,
was abandoned, although it does not apiicar that the individual grants
were surrendered, notwithstanding this course was urged by Wir
"William Johnson, This, as might have been foreseen, resulted in
serious trouble.

It appears by a report of the Lords of Trade, read before the Coun-
cil at the Court of Saint James, November 23, 1761, and approved, the
King being present, that the government had at last been aroused to
the necessity of paying regard to the Indians' rights, as shown by the
following quotation therefrom : '

That it is as unnecessary as it would be tedious to enter into a Detail of all the
Causes of Complaint which, our Indian Allies had against us at the commencement
of the troubles in America, and which not only induced them th6 reluctantly to take
up the Hatchet against us aud desolate the Settlement on the Frontiers but encour-
aged our enemies to pursue those Measures which have involved us in a dangerous
and critical war, it will be sufficient for the present purj^ose to observe that tlie
primary cause of that discontent which produced these fatal Effects was the Cruelty
and Injustice with which they had been treated with respect to their hunting
grounds, in open violation of those solemn compacts by which they had yielded to
us the Dominion, but not the property of those Lands. It was happy for us that we
were early awakened to a proper sense of the Injustice and bad Policy of such a
Conduct towards the Indians, and no sooner were those measures pursued which

^ Colonial documents, number five, vol. vn, p. 473.

THOMAS] ENGLISH POLICY TOWARD THE INDIANS i)On

iudicated a Dispositiou to do them all possible justici- upon tliis head of Complaint
than those hostilities -which had produced such horrid scenes of devastation
ceased, and the Six Nations and their Dependents became at once from the most
inveterate Enemies our fast and faithfull Friends.

That tlieir steady and intrepid Conduct upon the Expedition under General Am-
herst for the Reduction of Canada is a striking example of this truth, and they now,
trusting to our good Faith, impatiently wait for that event which by putting an
End to the War shall not only ascertain the British Empire in America but enable
Your Majesty to renew those Compacts by which their property in their Lands shall
be ascertained and snch a system of Reformation introduced with respect to our
Interests and Commerce with them as shall at the same time that it redresses their
Complaints and establishes their Rights give equal Security and Stability to the
rights and Interests of all Your Majesty's American Subjects.

That under these Circumstances and in this scituation the granting Lands hitherto
unsettled and establishing Colonies upon the Frontiers before the claims of the
Indians are ascertained appears to be a measure of the most dangerous tendency,
and is more particularly so in the present case, as these settlements now proposed
to be made, especially those upon the Mohawk River are in that part of the Country
of the Possession of which the Indians are the most jealous having at dift'erent times
expressed in the strongest terms their Resolution to oppose all settlements thereon
as a manifest violation of their Rights.

This condition of affairs was no doubt due largely to tbe lack of
any settled and well-defined policy on the part of the government in
its dealings with the Indians in regard to their lauds. This subject,
as hitherto stated, seems to have been relegated, at lea.st to a large
extent, to the colonists or grantees of the royal charters; and although
conipiaints from the Indians, or from others in their behalf, were fre-
quently made directly to governmental authorities, it does not appear
that the latter were aroused thereby to the necessity of adopting some
jjolicy on this subject. It was not until the war with France and the
expedition against Canada that the government felt compelled to deal
directly with this subject.

We find the Lords of Trade, in 1756, incpiiring through Mr Pownalls
of Governor Hardy what should be the proper and general system for
the management of Indian affairs.

The reply of this official was to the effect that, with respect to the
Six Nations, the governor of the province should have the chief direc-
tion of their affairs and that no steps should be taken with them with-
out consulting him, as he had always directed the thansactions with
them; but he suggested that "some proper person under this direction
should have the management and conduct of Indian affairs.'' He
recommended for this purpose Su- William Johnson, who had previously
been commissioned for the same purpose by General Braddock.

This suggestion was adopted, though Sir William Johnson refused to
-accept a new commission, preferring to act under tiiat received from
General Braddock, which was broader in its scope, and referred to
tribes other than the Six Nations. This was permitted.

On December 2, 1761, the Lords of Trade submitted to the King a
draft of instructions to the governors of the colonies, which were

556 INDIAN LAND CESSIONS IN THE UNITED STATES [eth. axn. 18

approved by him. As these indicate ii reform in the system which had
prevailed, tliey are given here:

Draft of an Instruction for the Governors of Nova Scotia, New Hampsliire, New
York, Virginia, North Carolina, South Carolina, and Georgia forbidding them to
Grant Lands or make Settlements which may interfere with the Indians bordering
on those Colonies.

Whereas the peace and security of Our Colonies and Plantations upon the Conti-
nent of North America does greatly depend upon Ihe Amity and Alliance of the
several Nations or Tribes of Indians bordering upon the said Colonies and upon a
Just and failhfnll Observance of th<ise Treaties and Compacts which have been here-
tofore solemnly entered into with the said Indians by Our Royall Predecessors Kings
& Queens of this Reiilm. And whereas notwithstanding the repeated Instructions
which have been from time to time given by Our Royal Grandfather to the Govern-
ors of Our several Colonies upon this head the said Indians have made and do still
continue to make great complaints that Settlements have been made and possession
taken of Lands, the property of which they have by Treaties reserved to themselves
by persons claiming the said lands under pretence of deeds of Sale and Conveyance
illegally fraudulently and surreptitiously obtained of the said Indians ; And Whereas
it has likewise been rejuesented unto Us that Dome of Our Governors or other Chief
Officers of Our said Colonies regardless of the Dutj' they owe to Us and of tlie Wel-
fare and Security of our Colonies have countenanced such unjust claims and pre-
tensions by passing (irants of the Lands so pretended to have been purchased of the
Indians We tlierefor taking this matter into Our Royal Consideration, as also the
fatal Effects which would attend a discontent amongst the Indians in the present
situation of aftairs, and being deternuned upon all occasions to supjiort and protect
the said Indians in their just Rights and Possessions and to keep inviolable the
Treaties and Compacts which h.ave been entered into with them, Do hereby strictly
enjoyn it command that neither yourself nor any Lieutenant Governor, President
of the Council or Commander in Chief of Our said ™™^!j of do

upon any pretence whatever upon pain of Our highest Displeasure and of lieing
forthwith removed from your or his oHice, pass any Grant or Grants to any persons
whatever of any lands within or adjacent to the Territories possessed or occupied
by the said Indians or the Property Possession of which has at any time been
reserved to or claimed by them. And it is Our further Will and Pleasure that you
do publish a proclamation in Our Name strictly enjoining and recjuiring .all persons
whatever who may either wilfully or inadvertently have seated themselves on any
Lands so reserved to or claimed Ijy the said Indians without any lawful! Authority
for so doing forthwith to remove therefrom And in case you shall find upon strict
enquiry to be made for that purpose that any person or persons do claim to hold
or possess any lands within Our said 'JjoioT" "!>"" pretence of purchases made
of the said Indians without .a proper licence first had and obtained either from
Us or any of <Jur Royal Predecessors or any person acting under Our or their
Authority you are forthwith to cause a prosecution to bo carried on against such
person or persons who shall have made such fraudulent purch.ases to the end that
the land may be recovered by duo Course of Law And whereas the wholsome Laws
that have at difl'erent times been jiassed in several of Our said Colonies and the
instructions which have been given by Our Royiil Predecessors for restraining per-
sons from purchasing lands of the Indi.ms without a Licence for that purpose and
for regulating the proceedings ujion such purchases have not been duly observed,
It is therefore Our express Will and Pleasure that when any application sli.all be
made to you for licence to purchase lands of the Indians you do forbear to gr.ant such
licence untill you shall have first tr.ansmitted to Us by Our Commissioners for Trade
and Plantations the particulars of suih ai)plications as well as in respect to the
situation as the extent of the lands so proposed to be purchased and shall have

THOMAS) ENGLISH POLICY TOWAUD THE INDIANS 557

received Our further directions therein; And it is Our further Will and Pleasure
that you do forthwith cause this Our Instructiou to you to be made Publick not
only within all parts of your said ''^°l'°'' inhabited by Our Subjects, but also
amongst the several Tribes of Indians livinj; within the same to the end that Oiir
Royal Will and Pleasure in the Premisi-s may be known and that the Indians may
be apprized of Our determiu'd Resolution t'> support them in their .just Rights, and
inviolably to observe Our Kngagements with them.'

It was not surprising that the condition coraiilaiued of sbouUl Lave
resulted from a ^vavering and undefined policy and double-beaded sys-
tem. First, a total ignoring- of the Indians' rights, turning over the
problem to the colonies; then appointing an agent of Indian affairs on
behalf of the government, yet subject in most respects to the control
of the colonial governors, who might, and did in more than one case,
grant away tracts of the very lauds reserved by this agent to the
natives. 8uch a system, or rather lack of system, was likely to result
iu confusion and trouble.

Two agents were appointed, one for the northern district — that is to
say, for certain of the northern colonies and the territory not embraced
in the colonial limits— and another for the southern district.

Lord Egremout, writing on May 5, 1703, to the Lords of Trade in
regard to questious relating to North America, remarks, among other
things, as follows:

The second question which relates to the security of North America, seems to
include two objects to be provided for; The tirst is the security of the whole against
any European Power; The next is the preservation of the internal peace & tran-
quility of the Country against any Indian disturbances. Of these two objects the
latter appears to call more immediately for such Regulations an<l Precautions as your
Lordships shall think proper to suggest Aca.

Th6 iu order to succeed effectually in this poiut it may become necessary to erect
some Forts in the Indian Country with their consent, yet his Majesty's Justice and
Moderation iuclini'S him to adopt the more eligible Method of conciliating the minds
of the Indians by the mildness of His Government, by protecting their persons and
property, &. securing to them all the possessions rights and Privileges they have
hitherto enjoyed & are entitled to most cautiously guarded against any Invasion
or Occupation of their hunting Lands, the possession of which is to be acquired by
fair purchase only, and it has been thought so highly expedient to give the earliest
and most convincing proofs of his Majesty's gracious and friendly Intentions on this
head, that I have already received and transmitted the King's commands to this pur-
pose to the Governors of Virginia, the two Carolinas & Georgia, & to the Agent
for Indian Aft'airs in the Southern Department, as your Lordships will see fully iu
the inclosed copy of my circular letter to them on this subject. -

In August of the same year the Lords of Trade informed Sir William
Johnson that they had "proposed to His Majesty that a proclamation
should be issued declaratory of His Majesty's final determination to
permit no grants of lands nor any settlement to be made within certain
fixed bounds under pretence of purchase, or any pretext whatever, leav-
ing all the territory within these bounds free for the hunting grounds
of the Indian Nations, and for the free trade of all his subjects."

' New York ColoDial Documents, voL vu, pp. 478-479. 'Ibid., pp. 620-521.

558 INDIAN LAND CESSIONS IN THE UNITED STATES [eth. ann. 18

Tliat tlie management of Indian affairs was at last taken out of the
bauds of at least the governor of New York appears from a letter of
Lieutenant Governor Golden to the Earl of Halifax, December 8, 1763.

As the territories of Quebec, East Florida, and West Florida had, l)y
virtue of the treaty with France, February 10, 1763, come under the
control of Great Britain, a proclamation for their government was
issued October 7, 1763. The following clauses relating to the policy
to be i)ursued with the Indians in these colonies, and some other
sections mentioned, are inserted here:'

And whereas, it is just and reasouable, and essential to our interest and tile
security of our colonies, that the several nations or tribes of Indians with whom
we are connected, and who ]iv(! under our protection, should not be molested or dis-
turbed in the possession of such jjarts of our dominions and territories as, not
having been ceded to, or purchased by us, are reserved to them, or any of them, as
their hunting grounds; we do, therefore, with the advice of our privy council,
declare it to be our royal will and pleasure, that no Governor or commander in chief,
in any of our colonies of Quebec, East Florida, or West Florida, do presume, upon
any pretence whatever, to grant warrants of survey, or pass any patents for lands
beyond the bounds of their respective governments, as described in their commis-
sions; as, also, that no Governor or commander in chief of our other colonies or
plantatious in America, do presume for the present, and until our further pleasure be
known, to grant warrants of survey, or pass patents for any lands beyond the heads
or sources of any of the rivers which fall into the Atlantic ocean from the West or
Northwest; or upon any lands whatever, which, not having been ceded to, or pur-
chased by, us, as aforesaid, are reserved to the said Indians or any of them.

And we do further declare it to be our royal will and pleasure, for the present, as
aforesaid, to reserve under our sovereignty, protection, and dominion, for the use of
the said Indians, all the laud and territories not included within the limits of our
said three new Governments, or within the limits of the territory granted to the
Hudson's Bay Company; as also all the lands and territories lying to the Westward
of the sources of the rivers which fall into the sea from the West and Northwest as
aforesaid; and we do hereby strictly forbid, on pain of our displeasure, all our lov-
ing subjects from making any purchases or settlements whatever, or taking posses-
sion of any of the lands aliove reserved, without our special leave and license for
that purpose first obtained.

And we do further strictly enjoin and require all persons whatever, who have
either wilfully or inadvertently seated themselves upon any lauds witliin the coun-
tries above described, or upon any other lands, which, not having been ceded to, or
purchased by, us, are still reserved to the said Indians as aforesaid, forthwith to
remove themselves i'rom such settlements.

And whereas great frauds and abusers have been committed in tlie purchasing
lands of the Indians, to the great prejudice of our interests, and to the great dissat-
isfaction of the said Indians; in order, therefore, to prevent such irregularities for
the future, and to the end that the Indians may be convinced of our justice an<l
determined resolution to remove all reasonable cause of discontent, we do, with
the .advice of our privy council, strictly enjoin and require that no private person
do presume to make any purchase from the said Indians, of any lands reserved to
the said Indians, within tho.se jiarts of our colonies where we have thought proper
to allow settlement; but that, if, at any time, any of the said Indians should be
inclined to dispose of the said lands, the same shall be purchased only for us, in our
name, at some public meeting or assemldy of the said Indians, to be held for that pur-
pose, by the Governor or commander-in-chief of our colony, respectively, within
which they shall lie : and in case they shall lie within the limits of any proprietaries,

' Laws, etc, relating to IMihiic Lands {1828), pp.

THOMAB] ENGLISH POLICY TOWARD THE INDIANS 559

conformable to such flirectioiis and iustructious as we or they shall think proper to
give for that purpose.

Although primarily relating to the colonies of Quebec, East Florida,
and West Florida, it is evident from the distinct statements therein
that it was intended, as regards the points referred to in the quotation,
to be of general application. The policy set forth in this proclamation
is just and honorable, and appears to have been followed, as a general
rule, by Great Britain in its subsequent dealings with the Indians,
which, after 1770, were limited to its northern possessions.

In April, 1764, Sir William Johnson, as " Sole agent and superin-
tendent of Indian affairs for the Northern parts of North America,"
concluded articles of peace with the Seneca Indians in which they
ceded to the King the following lands:

From the Fort of Niagara, extending easterly along Lake Ontario, about four
miles, comprehending the Petit Marais, or landing place, and running from thence
southerly, about fourteen miles to the Creek above the Fort Schlosser or Little
Niagara, and down the same to the River, or Strait and across the same, at the
great Cataract; thence Northerly to the Banks of Lake Ontario, at a Creek or small
Lake about two miles west of the Fort, thence easterly along the Banks of the Lake
Ontario, and across the River or Strait to Niagara, comprehending the whole carrying
place, with the Lands ou both sides the Strait, and containing a Tract of ab' fourteen
miles in length and four in breadth.'

As the articles make uo mention of payment it is presumed the grant
was made by the Seneca to purchase peace with the English.

Most of the foregoing facts relate, it is true, to the lands and Indians
of New York, and might very properly be considered in referring to the
policy of that colony; however, as they give some insight into the
English policy in the latter days of British rule over the colonies, they
are presented here. It must be admitted, however, as before stated,
that they indicate an ill defined sj'stem resulting apparently from a
neglect to take the subject into consideration at the outset. Had some
provision for the proper treatment of the Indians in regard to their
possessory rights been made in the original charters, and the lords pro-
prietary and governors of the colonies been required to observe these
provisions, much of the trouble with the natives experienced by the gov-
ernment and the colonies would, in all probability, have been avoided.

It is unnecessary to allude to the transactions of the English author-
ities in the southern colonies, as these, so far as they relate to purchases
and grants of lands by the Indians, will be referred to under the respec-
tive colonies. However, there are two or three treaties in regard to
lands in the south, outside of the colonies, which should be mentioned,
as tlie boundaries fixed therein are referred to in one or two of the
treaties in the accompanying schedule.

The first of these is "a treaty between Great Britain and the Chicka-
saw and Choctaw Indians," made at Mobile, March 2G, 17(55. Article 5
is as follows:

And to prevent all disputes on account of encroachments, or supposed encroach-
ments, committed by the English inhabitants of this or any other of His Majesty's

* New York Colonial Documents, vol. vii, p. 621.

560 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

Provinces, on the lands or hunting i,'rouncls reserved and claimed by tlie Chickasaw
and Choctaw Indians, and that no mistakes, doubts, or disputes, may, for the future,
arise thereupon, in'consideratiou of the great murks of friendship, benevolence, and
clemency, extended to us, the said Chickasaw and Choctaw Indians, by His Majesty
King (4eorge the Third, we, the chiefs and head warriors, distinguished by great and
small medals, and gorgets, and bearing His Majesty's commissions as Chiefs and leaders
of our respective uatious, by virtue and in pursuance of the full right and power
which we now have and arc possessed of, have agreed, and we do hereby agree, that,
for the future, the boundary be settled by a line extended from Gross Poiut, in the
island of Mount Louis, l>y the course of the western coast of Mobile Bay, to the
mouth of the Eastern branch of Tombecbce river, and north by the course of the
said river, to the confluence of Alebamont and Tombecbee rivers, and afterwards
along the western bank of Alebamont river to the mouth of Chickasaw rivei", and
from tlie confluence of Chickasaw and Alebamont rivers, a straight line to the con-
fluence of Bance and Tombecbee rivers; from thence, by a line along the western
bank of Bance river, till its confluence with the Tallotkpe river; from thence, by a
straight line, to Tombecbee river, opposite to Alehalickpe; and from Alchalickpe,
by a straight line, to the most northerly part of Buckatanne river, and down the
course of Buckatanne river to its coufluence to the river Pascagoula, and down by
the course of the river Pascagoula, within twelve leagues of the sea coast; and
thence, by a due west line, as far as the Choctaw nation have a right to grant.

And the said chiefs, for themselves and tlieir nations, give and confirm the prop-
erty of all the lands contained between the aljove deserilied lines and the sea to His
Majesty the King of Great Britain, and his successors, reserving to themselves full
right and property in all the lands to the northward of said lines now possessed by
them; and none of His Majesty's white subjects shall be permitted to settle on
Tombechee river to the northward of the rivulet called Ceutebonck.'

The second is "a treaty between (xreat Britain and the Upper and
Lower Creek Indians," signed at Pensacola, Floi'ida, May 28, 1765.
Article 5 is as follows:

And to prevent all disputes on account of encroachments, or supposed encroach-
ments, committed by the English inhabitants of this or any other of his Majesty's
provinces, on the lands or hunting grounds reserved and claimed by the Upper and
Lower Creek nations of Indians, and that no mistakes, doubts, or disputes, may. for
the future, arise thereupon, in consideration of the great marks of friendship, benev-
olence, and clemency, extended to us, the said Imlians of the Upper and Lower
Creek nations, by His Majesty King George the Third, we, the said chiefs and head
warriors, leaders of our respective nations, by virtue and in pursuance of the fall
rights and power we have and are possessed of, have agreed, and we do hereby
agree, that, for the future, the boundary be at the dividing paths going to the nation
and Mobile, wheio is a creek; that it shall run along the side of that creek until its
C(iulluen<'e with the river wliich falls into the bay; then to run around the bay and
take in all the i)lantations which formerly belonged to the Yaumasee Indians; that
no notice is to be taken of such cattle or horses as shall pass the line; that, from the
said dividing paths towards the west, the boundary is to run along the jiath leading
to Mobile, to the creek, called Cassaba; and from thence, still in a straight line, to
another creek or great branch, within forty miles of the ferry, and so to go up to
the head of that creek; and from thence turn round towards the river so as to
include all the old French settlements at Tassa; the eastern line to be determined
by the flowing of the sea in the bays, as was settled at Augusta. And we do hereby
grant and conflrm unto His Majesty, his heirs, and successors, all the lands contained
between the said lines and the sea coast.-

' Laws, U. S., etc, respecting Public Lands, vol. II, 1836, app., p. 275.* "Ibid., p. 276.*

THOMAS] ENGLISH POLICY TOWARD THE INDIANS 561

The third is a treaty between the saine parties as the last, made at
Picolata, Florida, November IS, 1705. The fifth article is as follows:

Tc prevent all disputes nn accouut of eucroarhuients, or supposed eucroaelmients,
made by tlio Kiigiisli inliabitauts of his Majesty's said province, on the lands or
hunting grounds reserved and claimed liy the I'pper and Lower imtions of Creek
Indians, and that no doubts, mistakes, or disputes, may, for the future, arise; in
consideration of the great marks of friendship, benevolence, and clemency, gener-
osity, and ]>rotection, extended to us, the said Indians of the I'pper and Lower
Creek nations, liy His Majesty King George the Third, we, the chiefs, head -warriors,
and leaders, of our respe<tive nations, by virtue and in pursuance of the full rights
and power which we now have, and are possessed of, have agreed, and we do hereby
agree, that, for the future, the boundary line of His Majesty's said province of East
Florida shall be, all the sea coast as far as the tide llows, in the manner settled with
the English by the Great Tomachiches, with all the country to the eastward of St.
John's river, forming nearly an island from its source to its entrance into the sea,
and to the westward of St. John's river by a line drawn from the entrance of the
creek Ocklawagh into said river above the great lake, and near to Spalding's upper
trading storehouse, to the forks of Black creek at Colviihi's plantation; and from
thence to that part of St. Mary's river which shall be intersected by the continu-
ation of the line to the entrance of Turkey creek into the river Altamaha. That no
notice is to be taken of such horses or cattle as shall pass the line. And we do
hereby accordingly grant and conlirm unto His Majesty, his heirs and successors,
all the said lands within the said lines.'

But little ueed be said in regard to the English policy in the Cana-
dian pio\inces from tlieir acquisition in 1762. The system outlined in
the i)roclamatiou of October 7, 1703, appears to have been followed
from that time up to the present day, and it may truly be said that,
as a general rule, it has been one of justice and humanity creditable
to the Canadian authorities. Mr Jo.seph Howe, in retiring from his
position as superintendent of Indian affairs in 1872, makes the follow-
ing-statement: "Up to the present time the results are encouraging,
and although I regret that the state of my health will soon compel me
to relimiuish the oversight of the work, I trust it will not be neglected
by those who may come after me, and who ought never to forget that
the crowning glory of Canadian policy in all times past, and under all
administrations, has been the treatment of the Indians." Though this
statement is perhaps too broad, yet the course pursued under English
control, with some exceptions relative to the seaboard provinces, has
been an honorable one.

One precauticni which the commissioners adopted and have generally
followed was to require the assembled Indians to name the chiefs, or per-
sons of their tribes, who were authorized by them to make the treaty
and sign the grant. This fact and the names of the persons so selected
were inserted in the deed or grant.

' Laws, U, S., etc, respecting rublic L.inda, vol. n , 1836, apj)., p. 276*.

562 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.asn.18

COLOXIAL POLICY TOWARD THE IXDIANS

THE POLICY IN GENERAL

In treating of the policy and metliods adopted by the different colo-
nies in their dealings with the Indians in regard to their lands, one
object constantly kept in view will be to limit the investigation strictly
to this subject. No attempt, therefore, Mill be made to enter into the
general Indian history of colonial days, nor to discuss the rights or
wrongs of settlers or Indians. As heretofore stated, the scope of the
jn-esent work does not embrace the inoral element in the numerous
transactions referred to, nor the policy adopted; it is limited as strictly
as possible to the facts seen from the legal point of view and to the usual
custom of the nation or colony.

As the policy of the different colonies in the respect now treated of
was seldom, if ever, expressed at the outset, it must, to a large extent,
be ascertained from their i>ractical dealings with the natives in regard
to their lands and their titles thereto. Reference will be made, there-
fore, to some of the more important purchases, cessions, grants, etc, by
which possession of the lands of the different colonies was obtained
and to the laws enacted; but no attempt to give a systematic list of
the various cessions to or by the colonies, or of all the laws relating to
the subject, will be made. The only object in view in presenting such
as will be given is to furnish data by which to judge of the method of
treating with the Indians and the poli<!y adopted. Even where histo-
rians have clearly defined the policy of a colony in this respect, the
data are still furnished that the reader may be enabled to form his own
opinion, for historians are often more or less influenced by the point of
view from which they write.

It may be remarked here in regard to the lands purchased of the
natives in the early days, that in many cases the bounds mentioned in
the deeds are so indefinite that it is impossible to define them on a map.
In some instances the limits actually adopted have been preserved by
tradition, but in many others they were so indefinite that one purchase
overlapped or duplicated or even triplicated, in part, another. As
examples of this class, the purchases by the settlers of Connecticut
may be referred to. This uncertainty hangs about almost every one of
the earlier colonial purchases. Even those by William Penn, so lauded
in history as exanii)les of sturdy Quaker honesty, must be included in
this category, as their bounds and extent are poorly defined and
in some instances depend entirely on tradition. The extent, in some
cases, was decided by a day's travel on foot or horseback, while some of
the grants overlapped one another.

A loose custom prevailed in some of the colonies of allowing individ-
uals to purchase from the Indians without sufficient strictness as to the
authoritative acknowledgment or recording of such deeds of purchase.
Many of these are known only traditionally, others only through law-

THOMAS] Virginia's policy toward the Indians 563

suits which, arose out of these claims. It is uext to Impossible at this
day to ascertain all these individual purchases; moreover, it is not
a])parent that it would serve any good purpose in this connection to
give them were it possible to do so.

It has been stated repeatedly that the policy of the colonies was the
same as that afterward adopted by the United States. While this may
be true in a broad sense, there were difterences in method which had
important bearings on the history of the ditterent provinces. In fact,
the theory in regard to the Indiau tenure was not precisely the same
throughout, as will become evident from a perusal of what is presented.
It will also be seen that the idea on which the authorities based their
proceedings was not always the same, those of one colony looking
chiefly to meeting the claims of the Indians, while the main object in
other cases was to obtain as much land as possible, thus differing,
though dealing fairly.

VIRGINIA

Although the letters patent of James I to Sir Thomas Gage and oth-
ers for " two several colonies,'' dated April 10, IGOG, aiul- his second
charter, May 23, 1609, to ''the Treasurer and Company of Adventurers
and Planters of the City of London for the "first Colony of Virginia,"
granted full and complete right in the land, "in free and common
socage," yet neither contains any allusion to the rights or title of the
natives. The third charter, granted the last-named company March
12, 1611-12, also fails to make any allusion to the title of the Indians
or to the mode of dealing with them.

Tiie "instructions'' given by the council of the London Virginia
Company to the first adventurers (1606) contains the following very
slight indication of the policy to be adopted in dealing with the Indi-
ans: "In all your passages you must have great care not to offend the
naturals, if you can eschew it; and employ some few of your comjjauy
to trade with them for corn and all other lasting victuals if you [theyf)
have any: and this you must do before that they perceive you mean to
plant among them." '

Burk,^ speaking of the London Company and the nature of its gov-
ernment, summarizes its dealings with the Indians as follows:

At tlie comiug of the English, the ludiaus naturally eujoyed the best and most
convenient stations for fishing, and the most fertile lands: But iu jiroportion as
new settlers came iu, they rapidly lost those advautages. In some cases the colouists
claimed by the right of conquest, and the imaginary title conferred by the king's
charter. In general however, they acted on better principles, aut^ purchased from the
heads of tribes, the right of soil, iu a fair and (as far as was practicable) in a legal
manner. In the treaty entered into between sir G. Yeardley and Opechancanough,
we find a sweeping clause, granting to the English permission to reside and Inhabit
at such places on the banks of certain rivers, which were not already occupied by

'E. D. Neill, Hiatory of the London Virginia Company, ]). 8 ; Smith's Works, Arbor's edition. The
English Scholar's Library, Xo. 16, ji. xxxv.
^History of Virginia (1804), vol., I, p. 312, appendix.

564 INDIAN LAND CESSIONS IN THE UNITED STATES [eth. ann. 18

the natives. 'Tis true, the ciiTumstaiices of the parties admitted uot a fair anil leyal
purchase; and after the massacre, the Indians were stripped of their inheritance
without the shadow of justice.

The special items, however, upon which this verdict appears to have
been fonnded are brief and unsatisfactory. It is only after the dissolu-
tion of the company in 1624 and the records of the general assembly
are reached, that the policy of Virginia in regard to the Indian title is
clearly set forth.

According to Stith,' Powhatan's "hereditary countries were only
Powhatan, Arrohatock, about twelve miles down, which hath since been
corrupted to Haddihaddocks, Appamatock, Youghtanund, Pamunkey,
and ]Mattapony, to which may be added, ^Yerowocomoco and Kiskiack,
or as it hath since been called Cheesecake, between Williamsburg and
York. All the rest were his Conquests; and they were bounded on the
South by James river, with all its Branches, from the Mouth to the
Falls, and so across the Country, nearly as high as the Falls of all the
great Elvers over Patowmack even to Patuxen in Maryland. And
some Nations also on the Eastern Shore owned Subjection to him."

In 1()00 Smith purchased of Powhatan the place called Powhatan,
which had formerly been this chief's residence. The conditions of this
agreement, as given by Stith (page 104), were as follows: "That the
English should defend him against the Manakiiis; that he [Powhatan]
should resign to them the fort and the houses, with all that country,
for a proportion of copper," etc. The extent of territory included under
"all that country" is iinknown.

It also appears from Stith (page 140) that in IGIG the Indians, being
much straitened for food, aiiplied, through their chief, to Sir Thomas
Dale, then governor of the English colony, for corn.

Sir Thomas Dale, among the many Praises, justly due to his Administration, had
been jiarticularly careful of tlie Supplies of Life; and had, accordingly, always
caused so much Corn to bo planted, that the Colony lived in great Plenty and Abun-
dance. Nay, whereas they had formerly been constrained, to buy Corn of the
Indians Yearly, which exposed them to much Scorn and Difficulty, the Case was so
much altered under his Management, that the Indians sometiuu'S applied to the
English, and would sell the very Skins from their Shoulders tor Corn. And to some
of their petty Kings, Sir Thouias lent four or five liuudred Bushels; for Repayment
whereof the next Year, he took a Mortgage of their whole couutrics.

Whether the Indians' claim that this was repaid was conceded, or was
true, is not known. Nothing further than an application for corn by
Mr Yeardly and a refusal by the Indians to furnish it is recorded.

In 1G18 a party of Chickahoniiny killed a number of persons, and
complaint was made to Opechancanough, who was their chief. In reply
he sent a basket of earth to the governor as an evidence that the town
of the aggressors was given to the English.

It appears incidentally from Burk's History tiiat a treaty was con-
cluded with the Indians in 1G3G, fixing their boundary line, but no par-

' History of Virginia, Sabin's reprint, pp. 53-54.

THOMAS] Virginia's policy toward the Indians 565

ticulars arc given nor does lie say anything' more in regard to it. In
1639-40 the Indians became restless and dissatisfied because of the
encroaehnients made upon their lands by tlie vast and indiscriminate
grants made by Hervey. These encroachments vrere on the lands
secured to the Indians by the treaty of 1()3(>, and led to a war with
Opechancanough.' However, it seems that at some time between KUO
and 1(U2 peace was concluded through the general assembly. In this
case, according to Burk, it was made separately with the heads of the
tribes and in a spirit of humanity. It was attained ''by mutual capitu-
lations and articles agreed and concluded on in writing." But these
do not appear in any of the published records, therefore it is impossible
to state what reference was made to lands or boundaries.

By an act of the " Grand Assembly," October 10, 1640, it was ordered
as follows :-

Act. 1. Ai't.2. ThatitsU.Tll be free for the said Nccotowance ["King'' of the Indians]
and his people, to iuljabit and hunt on tlie north side of Yorke River, without any
interruption from the Knglish. Provided that if hereafter, It shall he thought litt
by the (iovernor and Countil to peruiitt any English to inhabitt from I'oropotanke
dowuewards. that first Necotowauce be acipiainted therewith.

Art. "3. That Neootowance and his people leave free that tract of laud between
Yorke river and James river, from the falls of both the rivers to Keqnotan, to the
English to inhabitt on, and that neither ho the said Xecotowance nor any Indiana
do repaire to or make any abode vpon the said tract of laud, vj)on pain of death.

An act was passed .luly .5, 1653, securing such lands on York river
as he should make clioice of to Totopotomoy, the successor of Ojie-
chancivnough, as follows:

The order of the last Assembly in the bnsines relateiug to land in York River
desired by Tottopottomoy, as information by some jierticnlar members of this
Assembly is now represented, is ordered to be and remaine in force as formerly, Pro-
vided he lives on the same ; but if he leaves it then to devolve to Coll. William Clay-
borne, according to former orders which gave him libertie to make his choice, whether
he would have Ramomak, or the land where now he is seated, and that he appear in
person before the Governor and Council to make his choice the next (juartcr courts
which of the two seates he will hold, and Capt. .lohn West, and Mr. William Hocka-
day are enabled to give a safe conduct to the said Tottopottomoy and his Indians for
their coming to towne, and his I'eturne home. And the commissioners of Y'ork are
required that such persons as are seated vpon the land of Pamunkey or Chicka-
hominy Indians be removed according to a late act of Assembly made to that pur-
pose, And Coll. .Tohn Eludd to go to Tottopottomoy to examine the proceedings of
business and to ileliver it vpon his oath.'

At the same time the commissioners of Gloster (the statute says
Gloster but Burk says York) and Lancaster counties were directed "to
proi)ortion tlie Indians iuhabiting the said counties their several tracts
of land . . . and to set and assign theiu such places and bounds to
bunt in as may be convenient both for the inhabitants and Indians."

By act 4 of the same assembly the commissioners of Northamj)ton
county were empowered "to take acknowledgment of the Indians in

' Burk, History of Virginia, vol. lit, p. 53.

' Hening's St,atutea at Larg.>, vol. I (182:!), pp. 323-324.

'Ibid., p. 380.

566 INDIAK LAND CESSIONS IN THE UNITED STATES [eth.axn. 18

their county for sale of their hinds."' But this was to be done only
ou condition that a majority of the Indians desired it, and that the
terms were just. This policy of granting to county commissioners the
right to purchase Indian lands was soon found to lead to fraud and
injustice, hence the passage of the following laws relating to the sales
by Indians.^

The first declaration of general policy in resjiect to Indian lands is
found in the act of March 10, 1655, which is as follows:

Act. 1. What lands the Indians shall be iiossessed of by order of this or otlier
ensueing Assemblyes, such laud shall not bo alienable by them the Indians to any
man de futuro, for this will putt vs to a coutinuall necessity of allottinj;- thim new
lands and possessions and they will be allwaies infeare of what they hold not being
able to distinquish between our desires to buy or iuforcement to have, in case their
grants and sales be desired ; Therefore be it enacted, that for the future no such
alienations or bargaines and sales be valid without the assent of Assembly. This
act not to prejudice any Christian who hath land allready granted by pattent.'^

The following acts of the same general tenor are extracted from
Hening's Statutes, and need no comment:

[March loth, 1657-8. Act. 51. liiiacteiW] That there be no grants of land to
any Englishman whatsoever (de futuro) vntil the Indians be first served with the
proportion of ffiftie acres of land for each bowman ; and the proportion for each per-
ticular to wne to lie together, and to be surveyed as well woodland as cleered ground,
and to be layd out before pattented, with libertie of all waste and vufenced land for
hunting for the Indians. Further vnucted, that where the land of any Indian or
Indians bee found to be included in any pattent allrcadie granted for land at Rappa-
haunoclc or the jiarts adjacent, such pattentee shall either purchase the said land of
the Indians or relinquish the same, and be therefore allowed satisfaction by the
English inhabitants of the said jilaces.''

[Act 72, same assembly :] All the Indiau.s of this colloiiie shall and may hold and
Iveep those seates of land which they now have, and that no person or persons what-
soever be sufl'ered to entrench or jdaut vpon such places as the said Indians claime or
desire vntil full leave from the Governour and Councill or com'rs. for the place: Yet
this act not to be extended to prejudice those English which are now seated with
the Indians' former consent vnles vpon further examination before the Graud
AssembUe cause shall be found for so doeiug . . . Further enacted. That the
Indians as either now or hereafter shall want seates to live on, or shall desire to
remove to any places void or vntaken vp, they shall be assisted therein, and order
granted them, for confirmation thereof, And no Indians to sell their lands but at
quarter courtes, And that those English which are lately gone to seate ueare the
Pamunkics and the Chichominyes on the north side of Pamunkie river shall be
recalled and such English to choose other seates else whore, and that the Indians as
by a former act was granted them, shall have free liberty of hunting in the woods
without the English fenced plantations, these places excepted between Yorke river
and James river and between the Black water and the JIanakin to wne and James
river, and noe pattent shall be adjudged valid which hath lately passed or shall
pass contrary to the sense of this act. Nor none to be of force which shall intrench
vppon the Indians' lands to their discontent without exjiresse order for the same.^

The act of March 13, 1658, same assembly, ratifies the grant of the
"Wiccacomoco Indians" of certain lands belonging to them in Xorth-
umberland county to the ''honourable Samuel Mathewes," governor.

' Bark, History of Virginia, vol, n, p. 102. " Ibid., p. 456-457.

2 Hening's Statutes at Large, vol. I, p. 396. J Ibid., p. 467.

THOMAS) Virginia's policy toward the Indians 567

The act of October 11, IGOO, authorizes the governor to have sur-
veyed aud laid off for the "Accomacke" ludiaus, on the east side of
the bay, -'snch a proportion of land as shall be suflicient for their
maintenance, with hunting and ti.shiug excluded/' This laud was to be
secured to the Indians, but they were to have no power to alienate it
to the English.

Au act passed March 23, ICGl, brings to view the difficulty sometimes
encountered by private purchases which were made before the passage
of the act of March 10, 1655, or in disregard of it. It is as follows:

Upon the petition of Harquip the Maugai of the Chickahomini Indians to have all
the lauds Irom Jlr. Malorys bounds to the head of Mattai)oui river & into the woods
to the Pamannkes /( is accordiiigly ordered that the said land be confirmed to the
said Indians by pattent, and that no Englishman shall upon any jjreteuce disturbo
them in their said lioiinds nor purchase it of them unles the major jjart of the great
men shall freely and voluntarily declare their consent in the quarter court or
assembly.

Whereas a certaine grant hath been made ti) the Chickahomini Indians of certaine
lands in \vhiih tract Major Gennerall JIauwariug Hamond claimeth a devideut of
2,000 acres granted him by pattent, It is ordered, that the same' Majiir Gennerall
Hamond be desired to purchase the same of the Indians or to procure their consent
for the preservation of the conntreys honour and reputation.'

[N^umerous disputes having arisen between the English and the Indians
in regard to land i>urchases, and frequent complaints having been made
by the latter of encroachments upon their territory, the following act
was passed in IGtiO :

Act 138. Whereas the mutuall discontents, complaints, jealousies and ft'eares of
English and Indians proceed chiefly from the violent intrusions of di\ erse English
made into their lands, The governor, councell and burgesses . . . enact, ordaine
aud contirme that for the future noe Indian king or other shall upon any pretence
alien and sell, nor noe English for any cause or consideration whatsoever purchase
or buy any tract or parcell of land now justly claymed or actually possest by any
Indian or Indians whatsoever; all snch bargaines and sales hereafter made or
pretended to be made being hereby declared to be invalid, voyd and null, any
acknowledgement, surrender, law or custome formerly used to the contrary not-
withstanding.-

This is probably the act referred to by Charles CampbelP where he
makes the following statement:

The numerous acts relating to the Indians were reduced into one ; prohibiting the
English from purchasing Indian lands; securing their persons aud property; pre-
venting encroachments on their territory ; ordering the English seated near to assist
them in fencing their corn-fields ; licensing them to oyster, fish, hunt and gather the
natural fruits of the country ; prohibiting trade with them without license, or im-
prisonrfieut of an Indian king without special warrant; bounds to be annually
defined; badges of silver and copper plate to be furnished to Indian kings; no
Indian to enter the English confines without a badge, under penalty of imprison-
ment, till ransomed by one hundred arms length of roanoke (Indian shell money);
Indian kings, tributary to the English, to give alarm of approach of hostile Indians ;
Indians not to be sold as slaves, &c.

' Hening'a Statutes at Large, vol. ii, p. 34.

Uliid., p. 138.

3 History of the Colony .ind Ancient Dominion of Virginia (1847). p. 77

IS ETH, FT 2 4

568 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.axn. 18

By the act of October 10, 1G65, the bounds of the Indians on the
south side of James river were fixed as follows : " From the heads of
the southern branches of the blackwater to the Appomatuck Indians,
and thence to the Manokin Town. "2 This boundary was more accurately
fixed in 1691, as will later be shown.

After the death of Opechancanough, no chief of sufficient prestige
and authority to hold the Indians in confederation having arisen, a
long peace followed. Several of the tribes retired westward and those
which remained, i-educed in numbers and wanting concert, lingered on
the frontiers, and exchanged with the settlers their superfluous prod-
ucts at stated marts. This ijeace, however, was broken in 1675. The
Indians at the head of Chesapeake bay and tribes farther south made
sudden and furious inroads upon the frontier settlements " marked by
devastation and blood."' On the 6th of June, 1076, during the war
which ensued, the following act was passed:

Act 3. Whereas this couutr, is now engaged in a warr against the Indians, and
will thereby inevitably be at great cost and charges in prosecuting the same, and
whereas at or about the last conclusion of ])eace with the Indians, certain great
quantities of land was assigned and sett apart, for them, wLiich lands were they sold
for the use of the country would in some measure help to defray the puldique charge
aforesaid, . . . Therefore enacted and ordained by goFernour, council and burgesses
of this grand assembly, and by the authori.ty of the same, that all lands whatsoever
sett ajjart for Indians in the last conclusion of peace with them and other Indian
lands as now are, or hereafter shall be by them deserted, bee not granted away by
patteut to any perticuler jierson or persons, but that the same be reserved, and by
due forme of law vested on the country, and dispose to the use of the pnblique
towards defraying the charge of this warr. Provided alwaies that this act nor any
thing therein contained shall prejudice any legall grants heretofore made to any
person or persons whatsoever of any part or parcell of the said lands, and all such
Indian lands as have bin pattented since the peace aforesaid, and before such deser-
tion shall be held and deemed to lie illegally pattented. -

The act of April 16, 1691, above referred to as determining the
boundary of the Indian territory south of James river, is as follows :

Forasmuch as by a clause of the 8th act of assembly made at James Citty October the
tenth, 1065, it is enacted that the bounds of the Indians on the south side James river,
be from the heads of the Southern branches of the Black water to the Appomatuck
Indians, and thence to the Manokin Town, for the better explaining and ascirtain-
ing the bounds betwixt the English and Indians on the south side of James River,
Be it enacted . . . That a line from the head of the cheife or principal brancli of
the black water, to the upper part of the old Appamattocks Indian Town feild, and
thence to the upper end of Manokin Town be Judged, deemed, held and taken, to
be the said bounds, and that the right honourable the lieutenant governour, with
the advice of the councell liee requested to appoint some surveyor or surveyors to
lay out, asceitain and plainly marke the said lines, and that all pattents or other
grants of any Lands laying without the said bounds be, and hereby are declared void
and null to all intents and purposes as if the same had never been granted.^

In 1722 Governor Spotswood concluded a treaty with the Six Nations
by which they agreed never to appear to the east of the Blue ridge nor

•Burk, History of Virginia, vol. n. pp. 155-157. ' Hening's Statutes at Large, vol. II, p. 351.

^Hening's Statutes at Large, vol. in, p. 84.

THOMAS] Maryland's^ policy toward the indla.ns 569

soiitli of the Potomac. But tliis bouiulary line was not sufficient to
arrest the westward progress of Euglish settlement, for it was not long
before liardy pioneers liad located themselves west of the dividing
ridge. This, as a natural conse(iueuce, angered the Indians, and col-
lisions ensued.

However, on July 31, 1743, a treaty of peace was concluded at Lan-
caster, Pennsylvania, between Virginia, Maryland, and Pennsylvania
on the one hand and the Six Ifations on the other, in which, among
other agreements, was one by which these Indians, for the considera-
tion of four hundred pounds, reluctantly relincpiished the country lying
westward from the frontier of Virginia to Ohio river.

MARYLAND

The charter granted June 20, 1632, by Charles II to Cecilius Cal-
vert, Baron of Baltimore, contains no reference to the Indians. By
section 18, however, full and absolute power is given to the Baron of
Baltimore, his heirs and assigns, to —

. . . :issigu, alien, graut, demise or enfeotV sucli and proportionate parts and par-
cels of the i)remises, to any person or persons willing to purchase the same as they
shall think convenient, to have and to hold to the same person or persons willing to
take or purchase the same, and his and their heirs and assigns in fee simple, or fee-
tail, or for term of life, lives or years; to hold of the afores.aid now Barou of Balti-
more, his heirs and assigns, by so many, such and so great services, customs and
rents of this kind, as to the same now Baron of Baltimore, his heirs and assigns,
shall seem lit and agreeable, and not immediately of us our heirs or successors.

The King's right of granting lands in the province being thereby
fully and completely transferred to Lord Baltimore, his heirs and
assigns, without any reservation or exception in regard to the natives,
gave him full authority to deal with them in his own way in reference
to their title to and possession of the lands.

The policy to be i)ursued was made evident first by action, several
years having elapsed after the first settlement before it was announced
in an official manner or enacted into a law.

The first settlers under Leonard Calvert, brother of tlie Baron, as
leader and governor, landed on the 27th of March, 1634, on the north
bank of the Potomac and planted themselves in the Indian town of
Youmacn (probably Wicomoco), which they named St Mary's. This was
done, however, with the consent of and by agreement with the Indians.
In order to pave the way to a i^eaceable admission into the country, the
governor presented to the chief and principal men of the Yoamacoes
"some English cloth, axes, hoes, and knives,'' which thej^ accepted with
pleasure. They also agreed to leave the whole town to the English as
soon as their corn was gathered, which agreement was faithfully carried
out. It is supposed that this agreement was facilitated Ky an antici-
Ijated attack by the Susquehanocks, whom they feared.

That this was considered a purchase is asserted by Chalmers,' who

> Anuals, \\. 207.

570 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ajjn. 18

says that Calvert "purchased the rights of the aborigines for a con-
sideratiou which seems to have given them satisfaction . , . and lived
with them on terms of perfect amity till it was interrupted by Clay-
borne.'' It does not appear, however, that the extent of territory was
indicated or that any metes and bounds were designated.

It will perhaps not be considered out of place to insert here the some-
what strong defense of Maryland's justice and humanity in dealing with
the Indians, presented by her historian, Bozman.' It is given partly
because of its bearing on a question which will be alluded to in speaking
of the Pennsylvania policy:

As philanthropists have been excessively clamorous in the praises of William
Penn for his ostentatious purehaso of the lands of the aborigines, particularly at
the time of his supposed treaty with the Indians under the great elm at Shackamaxon,
(so brilliantly illustrated by the pencil of his Britannic majesty's historical painter,)
it is here thought, that the conduct of Leonard Calvert, on a similar occasion
will not shrink from a comparison with that of William Penn. It will not be fully
admitted, that William Penn, or any other European colonist, or even the United
States at this day, can with jierfect honesty and integrity purchase the lands of the
aboriginal natives of America ; for several reasons; — fust, it is not a clear proposition,
that savaijes can, for anij consideralioii, enter into ii contract obligatory upon them.
They stand by the laws of nations, when trafficking with the civilized part of man-
kind, in the situation of infants, incapiible of entering into contracts, especially /or
the sale of their country. Should this be denied, it maybe then asserted, that no
monarch of a nation, (that is no sachem, chief, or headmen, or assemblage of sachems,
&c.) has a power to transfer by sale the country, that is, the soil, of the nation over
which they rule. But neither did William Penn, make, nor has any other European
since made, a purchase of lands from any tribe or nation of Indians through the
agency of any others than their sachems or headmen ; who certainly could have no
more right to sell their country, than any European monarch has to sell theirs. But
should it be contended, that savages are capable of entering into contracts, and that
their sachems have a power to transfer by sale the country of the people over whom
they rule, it may be safely asked, — what could William Penn, or at least whiit did he
give, which could be considered, in any point of view, as a. consideration or compen-
sation to those poor ignorant aborigines for their lauds? If we are to follow Mr.
West's imagination, (in his celebrated picture of "Pen.n's treaty with the Indians;")
for, history recognizes no such treaty, and the late biographer of William Penn,
(Clarkson.) fairly acknowledges, that " in no historian could he find any account of
it;" but from -'traditions in Quaker families," and "relations in Indian speeches,"
it might be inferred, that there was such a treaty; if then, the pencil of the artist
is correctly warranted by "tradition," William Penn gave nothing more than some
English hroad cloth, or perhaps some beads or other trinkets, which might have been
contained in the trunk displayed in the fore ground of the picture, for all the lands,
on which he built his city, including also a large portion of his province; and this
he seems to have been induced to do, not from his own original perception of the
justice of the thing, but, as he acknowledges in his letter to the lords of the council
composing the committee of Plantations, dated August 14th, 1083, "that he might
exactly follow the hishop of London's counsel, by buying, and not taking away, the
native's land." (See this letter at length in Chalmers's Annals, ch. xxi. note 38.)
Now, the presents of Leonard Calvert re.ally seem to have been of greater value ; for,
besides broad cloth, history says, that ho gave them "axes .and hoes;" thereby endeav-
oring to introduce among them, as it were the first rudiments of civilization — the
implements of agriculture. With this, it seems, they were as well satisfied to give

'History of Maryland (1837), vol. u, pp. 569-79.

THOMAS) Maryland's policy toward the ixdians 571

up the lauds of St. Mary's, as the ludiau.s of Shackamaxon were to give up those
where Philadelphia stauds.

The foregoiug remarks would, perhaps, not have been made, had they not been
drawn forth by a part of a speech, which the before-mentioned biographer of AVil-
liara Penn has dressed up for him, on the occasion of this celebrated treaty, entirely
from "tradition," as he acknowledges, in which he makes him to say to the Indians; —
'•that he would not do as the IMariilandcrs did, that is, call thera children or
brothers only; for, often parents were apt to whip their children too severely, and
brothers sometimes would differ: but he should consider them as the same flesh and
blood with the Christians, and the same as if one man's body were to be divided
into two parts.''

By section 3 of the act of March 1!», 1638,' it was decreed that —

No subject of his majesty's the kiug of England, or of any other foreigu prince or
state shall obtain, procure, or accept of any land within this province from any
foreign prince or state, or from any person whatsoever, (the natives owners of the
land excepted,) other than from the lord proprietary or his heirs or some person
claiming under him or them. — Neither shall he obtain, procure, or accept of any land
within this province from any Indian to his own or the use of any other than of " the
lord proprietary or his heirs, nor shall hold or possess any laud within this proviuce
by virtue of such grant, upon pain that every person oli'ending to the contrary hereof
shall forfeit and lose to the lord proprietary and his heirs all such lands so accepted
or held without grant of the lord proprietary or nniler him."

It is probable that this hiw was enacted at this time because of the
fact that Lord Baltimore's title to some of the lands of the province
was disputed by William Clayborne and those who claimed under him.
This claim was based upon a royal license he had obtained to trade
with the Indians and an alleged purchase from the Indians (Susque-
hauocks?) of the Island «f Kent. As it does not appear that the
Indian title to this island was subsequently purchased or extinguished
bj' the Maryland government, the inference is that, although the lords
commissioners of the plantations decided the dispute in Lord Balti-
more's favor, the i)nrchase by Clayborne was accepted as an cxtinguish-
meut of the Indian title. This is confirmed by the fact that in the
treaty with the Susquehanocks in 1652 (mentioned below) it is expressly
stated that "the Isle of Kent and Palmer's Island l)elong to Captain
Clayborne."

On A^jril 21, 1619, an act entitled "An act concerning purchasing
lands from the Indians" was passed, which Bozman says was, as to
principle, a law of general utilitj^ even up to his day. The substance
of this law as given in Bacon's Collection (unimged) is as follows:

Where.as divers Persons have heretofore purchased or accepted of lands, &c. from
the In^Vmns, and made use of and possesed the same, without any lawful Title and
Authority derived from the Lord Proprietary, neglecting also to take out Grants
from his Lordship, under the Great Seal, for such Lands as have been due to them
by virtue of his Lordship's Conditions of Plantations, or other Warrant from his
Lordship, which Proceedings are not only very great Contempts anjl Prejudice to
ills Lordshii)'s Dignity and Rights, but also of such dangerous Couseiiuence, if not
timely prevented, that they may hereafter bring a great Confusion in the Govern-
ment and public Peace of this Province. Be it therefore Enacted etc.

' Bozm.in, History of Maryland (1837). vol. u, ]ip. 112-113.

572 INDIAX LAND CESSIONS IN THE UNITED STATES [eth.ann.i8

(1) All Purchases or Acquisitious whatsoever, of any Lands, &c. within this
Province, made or to he. made, from any Person whatsoever, not deriving at the
same Time a lawful Title thereto, by, from, or under, his Lordship or his Heirs,
under the Great Seal, shall be void and null.

(2) It shall be lawful for his Lordship to enter niiou, seize, possess and dispose of,
any such Lands, Ac. so i^urcbased or acquired from, any Indian or other, at his Will
and Pleasure, unless such Purchaser, at the Time of such Purchase or Acquisition,
have some lawful right or Title to such Lands, iVc. by some Grant from his Lordship,
&c. under the Great Seal.

(Confirmed among the perpetual Laws, KiTO, ch. 2.)

In regard to this law the author above mentioned remarks, in addi-
tion to what has been noted, that "The principle upon which it was
founded seems to have been adojited by the United States in the dis-
position of all the territories conquered or purchased by them from the
Indians.''

It i.s worthy of notice that the lords commissioners for plantations,
in the decision between Olaybonie and Loid Baltimore, declared that the
principle enacted in the above law held good even against the King.
"Their lordships having resolved and declared as abovesaid the right
and title to the Isle of Kent and other places in question to be abso-
lutely belonging t<> the said Lord Baltimore; and that no plantation or
trade with the Indians ought to be within the precincts of his patent
without license from him; did therefore think fit and declare that no
grant from His Majesty should pass to the said Clayborne or any
others, of the said Isle of Kent or other places within the said patent.'"

On the 5th of July, lC,rt2, a treaty was made with the Susquehanocks,
the first article of which contained the following cession of land to the
English :

First, that the English nation sliall have, hould, and enjoy to them their hcires
and assigns for ever, all the land lying from Patuxent river unto Palmer's island on
the westerne side of the baye of Chcsepiake, and from Choptauk river to the north
east branch which lyes to the northward of Elke river on the eastern side of the said
bay with aU the islands, rivers, creeks, . . . fish, fowle, deer, elke, and whatsoever
else to the same belonging, excepting the isle of Kent and Palmer's i.sland which
belongs to captain Clayborne, But nevertheless it shall be lawful for the aforesaid
English or Indians to build a howse or ffort for trade or any such like use or occasion
at any tyme upon Palmcr'.s island. -

Bozman thinks that Patuxent river, the southern (or southwestern)
limit, on the west side of the bay, of territory assigned by this treaty,
was the extent of the Snsquehanock's claim in this direction, as Pow-
hatan claimed from James river to the Patuxent. It does not appear,
however, how far west the granted territory extended.

As nothing appears after this date to show that other cessions were
obtained from Indiiins in this part of the state, it was probably assumed
that this grant covered all the territory on the eastern side of the bay
north of Dorchester county, and on the western side all east and north

'Bozman, History of Marylaml, vol. ii, ]ip. 584-585; Hazard, Collections, vol, i, ji. 130; CLaliuers,
Aluials, ch. IX, note 2.'j.
^Bozman, ibid., p. 682.

o ( 6

of Piituxeiit river. It is also probable that it was assumed tliat the
purchase froui the Yoamacoes embraced all the territory west of
Patuxeut river aud north of the Potomac as far westward as iio other
claim intervened. There is nothing on record, so far- as the writer has
been able to And, showing any purchase of land from the Indians, or
any treat}^ with them in regard to any lauds west of Monocacy river.

That such was the construction in reference to the latter purchase
seems to be indicated by the following fact:

By lO.")! the white population in that part of Maryland comprehend-
ing St Mary's county and part of Charles county, had increased to
sucli a degree as to expel most of the aborigines thereof from their
lands. These Indians were driven out and forced to find homes in the
more interior portions of the province. They consisted of the follow-
ing tribes: The Mattapaniaus, the Wicomocons, Patuxents, Lamas-
consons, Highawixons, aud the Ghapticons, probably divisions or
bands of the Piscataway or Conoy. Lord Baltimore, being informed
of their distress and their willingness to form a .settlement by them-
selves under his protection and government, directed his lieutenant-
governor to cause a grant to be made to them under his great seal
"of a certain tract of land in the head of Wiconioco river, called
Chaptico ■' (in Charles county), containing about 8,000 or 10,000 acres.
He further ordered that the land so granted should be erected into a
manor, to be called the Calverton Manor, and that a thousand acres
thereof should be set apart as the demesnes thereof, to be reserved for
his own use, as was usual in his grants of other manors. He also
appointed Bobert Clark to be the steward of said manor —

"... aud iu his name to keep court baron and court leet, as occasion should
require, in aud for the said manor; and on his behalf to grant, by copy or copies of
court roll, copyhold estatis, for one, two, or three lives, of any part of the said
manor, except the demesnex thereof, to any Indian or Indians that should desire the
same, and as he the said steward, with the api)robatiou of the governor, should
think fit; provided, that no one copyhold exceed fifty acres, unless it be to the
Werowance or chief head of every of the said six nations respectively; and not to
any of them above two hundred acres a piece; aud that upon every copy so to be
granted there be reserved .a rent of one shilling sterling, or the value thereof, to be
paid yearly to Lord Baltimore and his heirs for every fifty acres of land respec-
tively to be granted as aforesaid, and so proportionally for a lesser or a greater
quantity of land.'' '

" As the acts of the assembly contain all the subsequent history of
the state relating to Indian lands of auy importauce iu this connec-
tion, aud within the scope of this work, the substance of these acts is
giveii here as fouud iu Bacon aud Kilty's (unpaged) Collectious.

The first of these, after those already given, following the date, is the
act of May 8, 16G9 — "An act for the continuation of peace with and pro-
tection of our neighbors and confederates, ludiaus on Choptank river."

This act, because of the fidelity of the Choptank Indians iu deliver-
ing up certain murderers, etc, settles upon them aud their heirs for-

' Jiozman, ibid., p. 422.

674 INDIAN LAXD CESSIONS IN THE UNITED STATES [eth.axn. 18

ever "All that land on the south side of Choptank river, bounded
westerly by the free-hold now in possession of William Darringtou,
and easterly with Secretary Sewall's creek for breadth, and for length
three miles into the woods. To be held of his Lordship under the
yearly rent of six Beaver-skins."

This is confirmed among the j)erpetual laws by the act of 1076
(ch. 2). By the act of 1721 (ch. 12) commissioners were appointed
for ascertaining the bounds of these hands, and the same lands are
confirmed to them by the act of 1723 (ch. IS).

The next in order of date is an act passed Xovember 12, 1098, ''for
ascertaining the bounds of a certain tract of land set apart to the use
of the Jfanticoke Indians, so long as they shall occupy and live upon
the same." This act falls under the general repeal of 1704 (ch. 77),
and a new act in the very same words (the enacting clause excepted)
was made in 1701; and by the act-of 1723 the bounds ascertained in
this act (which are the same verbatim with those described in the
aforesaid act of 1704, ch. .JS) are confirmed.

October 3, 1704. This is the act above referred to under that of
November 12, 1G9S. The bounds of the Nanticoke tract as set forth in
it are as follows :

That .all tbe Laud, lying and being in Dorchester County, and on the North Side
of Xanticohe River, hutted and hounded as followeth; (beginning at the Mouth of
Chickniran Creek, and running up the said Creek, bounded tlierewith to the Head
of the main Branch of the same, and from the Head of the said main Branch, with
a Line drawn to the Head of a Branch issuing out of the North West Fork of Xanti-
co/i(, known by the name of Fraiiriii Jnclertoii's Branch, and iVom the Head of the
said Branih, down the said Aiiclerii>ii's Branch, bounded tlierewith, to the .Mouth
of tlie same, Avhere it falls into the said North West Fork: And from theuce down
the aforesaid North AVcst Fork, bounded thrrewith, to the main River: And so ilown
the main River to the Mouth of the aforesaid Cliiclauan Creek;) shall be confirmed
and assured, and, by virtue of this Act, is coniirmed and assured unto I'dnipiash
.and Aniiotoughquiin, and the People under their Government, or Charge, and their
Heirs and Successors for ever; any Law, Usage, Custom, or Grant, to the contrary
in any wise notwithstanding: To be held of the Lord Propriet.ary, and his Heirs,
Lord Proprietary or Lords Proprietaries of this Province, under the yearly rent of
one Beaver Skin, to be paid to his said Lordship and his Heirs, as other Rents in
this Province by the English used to be paid.'

By an act passed November 3, 1711, commissioners were appointed
to set aside 3,000 acres on Broad creek, Somerset county, where the
IS'anticokes were then residing, for their use so long as they should
occupy the same. The rights acquired by white settlers on these lands
were purchased by the province. Instead of vesting the title in the
Indians, it was conveyed by this act to certain trustees for their use,
with the proviso that when abandoned by these Indians it should
revert to the province.

By the act of October 20, 1723, "for quieting the possessions of the
Indians inhabiting on Xanticoke and Choptank rivers," their right to
the lands heretofore granted them was reaflSrmed as follows: "That

' Bacon's Laws of Maryland, 1765, cbajt. 58, nnder October 3, 1704.

THOMAS] NEW York's policy toward the Indians 075

the iSTauticoke Indians and their descendants shall have, hold, occupy,
possess, and enjoy a free, peaceable, and Tiniaterrui)ted possession of
all that tract or parcel of laud lying between the northwest fork of
Nanticoke river and Chicncone creek, for and during such space of time
as they or any of them shall think fit to use, and shall not wholly and
totally desert and quit claim to the same, according as the same is
butted and bounded." To the Choptank Indians, with the same i>ro-
visious, was granted ''that tract of laud lying in Dorchester county,
on Choptank river, according to the metes and bouuds thereof as
surveyed by the commissioners.

The act of June 22, 176S, authorized tlie payment of 8GGO5 to the
Nanticokes for " three certain tracts of laud and also 3,000 acres lying
on Broad creek, all in the county of Summerset," which the said Indians
agreed to accept as full payment therefor.

By section 4 of the act of March 12, 1780, authority was given to the
governor to purchase the Indian lands in Dorchester county. As this
was an important act, and specifies somewhat particularly the steps to
be adopted in dealing with the Indians in this instance, a copy of the
section is given here.

Sec. 4. Aud bu it enacted, That the governor and the council be authorized and
requested to appoint some lit and proper person to treat with the Indians entitled,
under any act of assembly, to any lands in Dorchester County, for the purchasing
the said lands, or .any part thereof, on behalf of this state, and to agree with them
on the terras of said purchase for a certain annual sum to be paid to the said Indians
as long as any of them shall remain, and to take a deed to the state expressing the
conditions, which said deed shall be acknowledged before the general court of the
eastern shore, or the court of Dorchester county, in open court, at the election of
the said Indians; and if such purchase be made, the person so appointed shall sell the
same, at auction, for current money, in such lots or parcels as will probably bring
the best price, on ii credit of one third of the purchase money annually until the
whole IS paid, with interest annually on the several sums, or the governor and the
council may, in their discretion, direct a sale of the said lands for state or conti-
nental governraeut securities, and eight weeks notice shall be given previous to the
sale in the Maryland, Pennsylvania, Virginia and New York papers.'

A similar act, providing for the purchase of a part of the lands of
the Choptank Indians and for limiting their reservation, was passed
January 18, ITitO. The reservation was limited to one hundred acres
to be laid ofl' so as to include their settlements.

NEW YORK

The discussion of the policy of New York while a colony must of
necessity begin with the Dutch settlement at the mouth of the Hud-
son known as New Netherland. The exact date of the first white set-
tlement of the area now embraced by New York city does not appear
to be known. It is stated by the " Report of the Board of Accounts on
New Netherland," made in 1644, that "In the years 1622 and 1623, the
West India Company took possession, by virtue of their charter, of the
said country, and conveyed thither, iu their ship, the New Netherland,

' WiUiam Kilty, Laws of Maryland (unpaged] .

576 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

divers Colonists under the direction of Coruelis Jacobsz. Mey, and
Adriaen Jorissz. Tienpoint, which Directors, in the year 1G24, built Fort
Orange on the Xorth Kiver, and Fort Xassau on the South River, and
after that, in 1026, Fort Amsterdam on the Manhattes.'"' However, it
appears to have been subsequent to 1()23 and previous to June, IGJG.
On Xovembcr 5, 102(>, Pieter J. Schagen, deputy of the West India Goui-
pauy, reported to the States general of Holland as follows: "Yester-
day, arrived here the Ship the Arms of Amsterdam, which sailed from
New Xetherland, out of the River Mauritius, ou the 23"' September.
They report that our peo[ile are in good heart and live iu peace there;
the Women also have borne some children there. They have purchased
the Island Manhattes from the Indians for the value of CO guilders;
'tis 11,000 morgens iu size. They had all their grain sowed by the
middle of May, and reaped by the middle of August," etc.- The West
India Company had instructed Peter Minuet to treat with the Indians
for their hunting grounds before he tooli any stei)s toward the erection
of buildings. According to Martha .1. Lamb ' the purcliase was made
the 6th of May, 1626. The i^rice paid, it is true, was very small (but
little more thau one dollar for a thousand acres), yet we are told the
simple natives accepted the terms with unfeigned delight.

The patent issued to Kiliaen Van Rensselaer, August 13, 1630, was
based on a purchase from the Indians, acknowledged before the director
and council by them at the time it was issued :

AVe, tbe Director anil Council of New Netherlands, residing on the Island Man-
hatas and in Fort Amsterdam, under the authority of their High Mightinesses the
Lords States General of the United Netherlands and the Incorporated West India
Company, Chamber at Amsterdam, do hereby acknowledge and dechire, that on this
day, the date under written, before us appeared and presented tliemselvcs in their
proper persons: Kottomack, Nawanemit, Alhautzeene, Sagiskwii and Kaniiomack,
owners and proprietors of their respective jiarcels of land, extending up the River,
South and North, from said Fort unto a little south of Moeneminnes Castle, to the
aforesaid proprietors, belonging jointly and in common, and the aforesaid Nawane-
mit's particular laud called Scmesseerse, lying on the East Bank opposite Castle
Island off unto the abovementioned Fort; Item, from Petauock, the Jlillstream,
away North to Negagouse, in extent about three miles, ^ and declared freely and
advisedly for and on account of certain parcels of Cargoes, which they acknowledge
to have received in their hands and power before the execution hereof, and, hy vir-
tue and bill of sale, to hereliy transport, convey and make over to the Jlr. Kiliaen
van Kensselaer, absent, and for whom We, ex officio and with due stipulation,
accept the same; namely: the respective parcels of land hereinbefore specitied,
with the timber, appendencies and dependencies thereof, together with all the action,
right and jurisdiction to them the grantors conjointly or severally belonging, consti-
tuting and surrogating the said Jlr. Rensselaer in their stead, state and right, real
and ai'tnal possession thereof, and at the same time giving him full, absolute and
irrevocable power, authority and special command to hold, iu quiet possession, cul-
tivation, occupancy and use, tanquam actor et procurator in rem suam ac propriam,
the land aforesaid, acquired by said Mr. Van Rensselaer, or those who may hereafter
acquire his interest ; also, to dispose of, do with and alienate it, as he or others should

' New York Colonial nocunii--nt8, vtil. I, p. U'J. ^ History of tbe City of New York, p. 53.
' Ibid., p. 37. * Three Dutch miles equal 12 English luilea.

THOMAS] NEW YORK'!^ POLICY TOWARD THE INDIANS 577

or miglit do with his other and own Lauds and domains aci|uired by <jood and law-
fnl title, without the grantors therein retaining, reserving or holding any, the
smallest part, right, action or authority whether of projierty, command or jurisdic-
tion, lint rather, hereby, desisting, retiring and renouncing therefrom forever, for
the behoof aforesaid.'

In the undated " Xew Project of Freedoms and Exemptions,"- but
probably drawn up in 1G29, the patrooiis are required by article I'T to
purchase the lands from the Indians: -'The Patroons of New Nether-
land, shall be bound to purchase from the Lords Sachems in New Neth-
erlaiul, the soil where they propose to plant tlieir colonies, and shall
acquire such right thereuuto as they will agree for with the said
Sachems." By article 33 "All private and poor [unauthorized] people
{onrermofien personen) are excluded from these Exemptions Privileges
and Freedoms, and are not allowed to purchase any lands or grounds
from the Sachems or Indians in New Netherland, but must repair
under the jurisdiction of the respective Lords Patroons." This, how-
ever, was modified in 1G40 so that "'In the selections of lands, those
who shall have first notified and presented themselves to the Company,
whether Patroons or private colonists, shall be preferred to others who
may follow."^

It would seem from these facts that the colony commenced its deal-
ings with the Indians on the just policy of ]jurchasiug from them the
land they wished to settle. It was the boast of one of the early gov-
ernors, in his correspondence with the New England authorities, that
the Dutch had not planted a colony with a desire to seize the laud of
the natives or grasp their territory unjustly, but that whatever land
they obtained was and would be fairly and honorablj^ purchased to the
satisfaction of both parties. Nor does this boasf appear to have been
without justification. Their dealings with and treatment of the Indians
in other respects may have been in some, possibly many, instances far
from proper or honorable, yet their method of extinguishing the Indian
title to lauds appears, as a rule, to have been just.

In their attempts to plant colonies on the banks of Connecticut
river and on Delaware bay they purchased the desired sites from the
Indians.

The i^atroons, in their communication to the States General, refer more
than once to the fact that they obtained their lands fi-om the Indians
by pijrcliase. For example, in that of June, IG.'Ji, they say, " The
Patroons proceeding on daily, notwithstanding, bought and paid for,
not only the grounds belonging to the chiefs and natives of the lands in
New Netherland, but also their rights of sovereignty and such others
as they exercised within the limits of the Patroons" purchased territor-
ies." And again, October 25, 1634:, that they have purchased not only
lands on "the said river" but likewise on "the South river and others
lying to the east of the aforesaid North river." And again, in 1651,

' New York Colonial DocnmeDts, vol. i, p. 44. ^ xbid., vol. ii, pD. 96-100. »Ibid., p. 119.

578 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

it is asserted that " Immediately after obtaiuing the Charter, the Hon"'''.
Directors seut divers ships to New Netherlaud with people and cattle,
which people, being for the most part servants of the aforesaid Com-
pany, purchased many and various lands; among others, on the North
(alias Maurice) river, Staten island, Pavonia, Jloboocken, Nut Island
and the Island of Manhattans with many other lauds thereabouts. . . .
A very extensive tract of country was also purchased from the Natives,
being Mahikanders, 36 leagues up the North river, where Fort Orange
was founded."
It is stated by James Macauley' that —

Both the English ami the Dutch on Long Island, respected the lights of the
ludiaus, and no laud was taken up by the several towns, or by individuals, until it
had been fairly purchased of the chiefs, of the tribe who claimed it. The consid-
eration given for the laud was inconsiderable in value, and usually consisted of
different articles of clothing, implements of hunting and fishing, domestic utensils,
and i>6rsonaI ornaments; but appears to have been such in all cases, as was deemed
satisfactory by the Indians.

The same author also remarks^ that —

In the Dutch towns it seems that the lauds were generally purchased by the gov-
ernor, and were by him granted to individuals. In the English towns in the Dutch
territory, the lands were generally purchased of the natives by the settlers, with the
consent of the Dutch governor; and in the towns under the Engli-sh, the lands were
purchased of the natives by the settlers, originally with the consent of the agent of
the Earl of Sterling; and, after his death, the purchases of the Indians were made
by the people of the several towns for their common benefit.

It will be observed from this that the method of obtaining the
Indian title was not uniform and .systematic, nor kept as strictly under
control of the chief colonial authority as it should have been. The
practice of permitting individuals, or companies other than municipal
authorities acting on behalf of towns, etc, to purchase lands of the
natives, even with the consent of the governor or other proper ofQcer,
was calculated to, and did afterward, become the cause of much dis-
content and dispute in New York.

The first action of the English on this question after coming into
possession is shown by permits to purchase granted by Colonel Richard
Nicolls. The following are a few examples, though the lands are not
all embraced in the present bounds of the state of New York : ^

License to iiurchase Indian Lands at the Nevesinks.

Upon the request of Wm. Goldinge, .lames Grover and .John Browne, in behalf of
themselves and their associates, I do hereby authorize them to treate and conclude
with the several Sachims of the Nevisp.ns or any others concerned, about the pur-
chase of a parcel of lauds lyeiug and being on the maine extending from Chaw-
gorauissa near the mouth of the Earitans River unto Pontopecke for the doeing
whereof this shall be their warrant. Given under my hand at fort James in New
Yorke on Manhattans island this 17"' day of October 1661.

R. Nicolls,

' History of the State of New Tork (1829), vol. n, p, 260.

'Ibid., vol. II, p. 320.

' Colonial Documents of New Tork, vol. xiii, pp. 395 ct seq.

THOMAS] NEW York's policy toward the Indians 579

T.'pou tlio Petitiou of Philipp Pietersen Schuyler Tliat hee may have Liberty to
Purchase a certaiue Parcell of Land of the Natives, lying and being near tlort Alliauy,
as in the said Petition is exprest; I do hereby grant Liberty unto the said Philips
Pietersen Schuyler so to do of ivhicli when hee shall bring a due Certificate unto
mee, hee shall have a Patent for the said Lands by Authority from his Royale High-
nesse the Dulce of Yorke for the farther Coufiriuation thereof. Given under my hand
at ft'ort James in New Y'orke ou Manhatans Island this 30"' daj- of March l(!(5o.

Rich. Nicolls.

Upon the peti(;on of Johannes Clnte and Jan Hcndrick Bruyns, That they may have
leave and Liberty to Purc'hase of the Indyaus, a certaiue jjarcell of Land lying and
being ou the west side of y= North River aud against Clave Rack near ffort Albany,
as in their Petifon is exprest and that they may likewise Plant the same, I do
hereby Grant leave and Liberty unto the said Johannes Clnte and Jan Hendrick
Bruyns to make Purchase, thereof aud to Plaut it Accordingly, as is desired, of
which, when they shall bring unto mee a due certificate. They shall have a patent
for the said Lauds by Authority from his Royall Highnesse the Duke of Yorke for
their farther Confirmafon therein. Given under my hand at flbrt .Tames in New
Yorke this I''' day of April 161)5.

Rich". Nicolls.

Whereas Jan Cloet, Jau Hendricksen Bruyn and .Jnrian Teunisscn have produced
before the Court of Albany the consent given to their petition, of his Houour the
Governour of New Y'ork, to jiurchase from the Indians a certain paicel of land situate
on the west side of the North river opposite to the Claverrack near Fort Albany.

Therefore appeared before me, the undersigned Secretary of Albany, five savages,
named Sachamoes, Mawinata, also called Schermerhoorn, Keesie Wey, Papenua,
Maweha, owners and proprietors of the said laud, representing the other co-owners,
who declared in the presence of the undersigned witnesses, that they have sold,
ceded aud transferri'd, as they herewith cede and transfer the same to the real and
actual possession of aud for the benefit of the aforesaid Jan Cloet aud Jan Hen-
dricksen Bruyu, to wit, the land called Caniskek, which stretches along the river
from the laud of Pieter Brouk down to the valley, lying near the point of the main
land behind the Baereu Island, called Machaw.ameck, and runs into the woods both
at the North and South cuds to the Katskil road. The price for it is a certain sum
to bo paid in merchandise, which they, the sellers, acknowledge to have received
from the jinrchasers to their full satisfaction; they therefore renounce their former
claims and declare Jan Cloet and Jan Hendricksen Bruyn to be the lawful owners
of the land, promising, etc.

Thus done at Albany in the presence of Harmen Bastianseu aud Hendrick Gerrit-
sen, called in as witnesses, the 20"' of April 166.5 Old Style.

lu another ca.se Colonel Nicolls, acting as '' Governor under his Royall
Highnesse the Duke of York," i^urchased a tract of the " Sachems aud
people called the Sapes Indyans."

It is perhaps proper to notice a statement by Macauley ' alhiding to
an earlier transaction not relating directly to the colony, which, how-
ever, shows the disposition of the Dutch to purchase such lands as
they wi.shed to settle or occupy: "Between the years 161G and 1020,
about twenty pei'sons belonging to the [Dutch East India] Company
went from the fort on Dunn's island, below Albany, to Ohnowalagantle,
now Schenectady, where they entered into a compact with the Mohawks,
from whom they bought some land on which they erected a trading
house."

'Op.cit.,p.281.

580 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.13

There is but little on record by which to Judge of the policy adoi)ted
ill relatiiin to the dealings of New York with the Indians in reference
to their lauds, from the close of Dutch control u]) to the middle of the
eighteenth century. A few Items noticed are presented here as having
some bearing upon the question.

By the instructions to the Earl of Bellomout, August 31, 1697, he is
directed to call before him the Five Nations, and upon their renewing
their submission to His Majesty's government he is to assure them that
he will protect them as subjects against the French King; and when
an opportunity offered for purchasing "great tracts of land for His
Maj'y from the Indians for small sums," he was to use his discretion
therein as lie Judged for the convenience of or advantage to His Majesty.
This was a clear recognition of the Indians' possessory right and an
indication of an intention not to disregard it. However, it appears
that under the preceding governor (Fletcher) large grants had been
nmde to iiulividuals with little regard to the Indians' rights, or unau-
thorized or pretended purchases from the Indians. For example, a
considerable portion of the Mohawks' land was obtained by fraudulent
and unauthorized purchases, and the grants, notwithstanding the
l)rotests of the Indians, were conhrmed by Governor Fletcher.'

One of these grants was to Colonel Nicholas Bayard, a member of
the council, for a tract on both sides of Schoharie creek, some 21 to 30
miles in length. Another to (lodfrey Dellius, 70 miles in length from
Battenkill, Washington county, to Vergennes, in Vermont. One to
Colonel Henry Beckmau, for 10 miles square in Dutchess county; and
another on Hudson river, 20 miles in length by 8 in width. One to
William Smith, a member of the council, on the island of Nassau,
containing about 50 sipiare miles. One to Captain Evans, 40 miles in
length by 20 in width, embracing i^arts of Ulster, Orange, and Eockland
counties, etc.

However, it should be remarked that Governor Fletcher, in his reply
to the charges made against him, stated that one of the instructions
received from the King was " that when any opportunity should offer
for purchasing great tracts of land for him from the Indians for small
sums he was to use his discretion therein, as he should judge for the
convenience or advantage which might arise to His Ma-jesty by the
same," and that the ])arties to whom the grants were made had pre-
sented evidence of their purchases from the Indians. It will be
observed, however, ^hat these purchases do not appear to have been
made for or on behalf of the King, but solely for the individuals
named.

On July li), 1701, the deed presented above, under the section
relating to the English policy, by the Five Nations to their " Beaver
Hunting Ground" was executed. As this has already been referred to,
it is unnecessary to add anything concerning it, except to say that it

• New York Colonial Documents, vol. iv, pp. 345, 346.

THOJiAs] NEW York's policy toward the Indians 581

Lad no lasting- eftect nor formed tlie basis of land claims save in regard
to some two or tliree grants made by the governor of New York under
an erroneous construction. It was, in fact, a step on the part of the
Iroquois tribes in the effort to bring themselves more directly under
the sovereignty and protection of the English and induce them to take
more active measures against the French.

In regaid to this effort Sir William Johnson remarks as follows:

In this Situation therefore the 5 Nations, who were at the head of a Confederacy
of ahuost all the Northern Nations, and in whom all their interests were united, did
in 1701, resolve upon a measure the most wise and prudent with regard to their own
interests, and the most advantageous with regard to Ours, that could have been
framed; they delineated upon jiaper in the most precise manner the Limits of what
they called their hunting grounds, comprehending the great Lakes of Ontario and
Erie, and all the circumjacent Lands for the distance of Sixty miles around them,
The sole and absolute property of this Country they desired might be secured to
them ; and as a proof of perpetual Alliance, and to support Our Rights against any
Claims which the French might make, founded on the vague and uncertain pretence
of unlimited Grants or accidental local discovery, they declared themselves willing
to yield to Great Britain, the Sovereignty and absolute dominion of it, to be
secured and protected by Forts to be erected whenever it should bethought proper.

A Treaty was accordingly entered into and concluded upon these terms by M"-
Nanfan then Lieu' Governor of New York; and a Deed of surrender of the Lands,
expressing the Terms and Conditions, executed by the Indians.

The advantages of such a concession on the part of the Indians were greater than
our most sanguine hopes conld have expected; and had the .Judgment, Zeal and
Integrity of those, whose Duty it was faithfnlly to execute the Conditions of the
Engagement, been equal to those of him who made it, the Indians might have been
forever secured in Our Interest and all disputes with France about American Terri-
tory prevented; but by neglect of Government on one hand, and the enormous
abuses of Individuals in the purchase of Lands on the other hand, all the solid
advantages of this Treatj' and concession were lost, and with them the memory even
of the Transaction itself; The Indians were disobliged and disgusted, and many of
them joined with the Enemy in the War which fallowed this Treaty, and disturbed
our Settlements, whilst the French, to whom this Transaction pointed out what
their plan should be, took every measure to get possession of the Country by Forts
and Military Establishments; and altho' they were compelled at the Treaty of
Utrecht to acknowledge in express terms our Sovereignty over the Six Nations, yet
finding We took no Steps to avail Ourselves of such a favourable declaration either
by a renewal of Our Engagement with the Indians, or taking measures to support
Our 80\-ereignty by forts erected in proper parts of the Country, they ceased not to
pursue that Plan, in which they had already made so considerable a progress, and
it was not 'till the year 1725, when they had by their Establishment at Niagara,
secured to themselves the possession of Lake Ontario, that We saw too late our
Error in neglecting the advantages which might have been derived from the Treaty
of 1701.'

As referring to the same subject, and as being confirmatory of what
is said above in regard to the want of a settled policy, the following
remark from the same authority is added :

The Experience We had had of the mischiefs, which followed from a want of a
proper regard and attention to our engagement in 1701, increased by the danger
which now threatened Our Colonies from the daily and enormous encroachments of

' Documeutary History of New York, vol. ll, p. 778.

582 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.axn. 18

tlio Frencli, ought to have been a Lesson to Us to have heen now more carefnll of Our
Interests, hut Yet the same avidity after Possession of Indian Lands, aggravated
hy many other Abuses, still remain'd unchecked and uncontroll'd by any jiermanent
Plan.'

The change of policy about the middle of the eighteenth centuiy, by
Tvhich the control of Indian affairs was brought more immediately under
the English government, has been referred to in the section relating to
the English iiolicy, and need not be repeated here. One additional
item, however, may be cited, as it mentions some of the special grants
which were the cause of much complaint on the part of the Indians,
and served to induce the government to introduce this change.

In a communication from the Lords of Trade to Justice De Lancey,
March 19, 175G, is the following statement:

We have lately had under our consideration the present State of Indian Aft'airs,
and as it appears clearly to us, that the Patents of Lands commonly called the
Kayoderosseras, Conojohary and that at the Oneida carrying place, which have
been made at difterent times, upon pretence of purchases from the Indians, is one of
the princijial causes of the decline of our Interest amongst them, and that they can
never be induced heartily and zealously to joiu in the just and necessary measures.
His Majesty has been compelled to take, for the recovery of his undoubted Rights,
until full satisfaction is given them with respect to these grievances, they have so
long and so justly complained of; We have thought it our duty, to recommend this
matter to Sir Cha» Hardy's serious attention, and to desire he will lay it fully
before the C'oum il and Assemblj' to the end that proper measures may be taken for
vacating and annulling these exorbitant grants, as were done upon a former occasion
of the like kind in 1699. — The many difficulties which will attend the doing this by
a legal proces in the Courts are so many and so great, as leave us little room to hope
for success from such a measure; and we see no remedy to this great evil, but from
the interposition of the Legislature by passing a Law for this purpose, which we
have directed the Gov'', earnestly to recommend to them, as a measure which will
be for His llaj'y'" service, for their honour and Interest, and for the advantage,
security and welfare of their constitvients in general. -

Numerous protests against the Kayoderosseras purchase were pre-
sented by the Indians, and the matter was a subject of controversy for
a number of years. This is described as "beginning at the half Moon
and so up along Hudson's river to the third Fall and thence to the
Cacknawaga or Canada creek which is 4 or 5 miles above the Mohawks."
A more exact description has doubtless been published, but is not at
l^resentat hand; but it is not essential for the i)resent purpose. The
tract was a large one, and the regularity of the purchase was disputed
by the Indians. However, in 17CS the patentees produced the original
Indian deed, and having had the boundaries surveyed, the Indians, on
receiving " a handsome sum of money were at length prevailed on to
yeild their Claim to the Patentees."

It was about the time of the above-mentioned communication that
Governor Morris stated to the Five Nations that " he found by woeful
experience that making purchases of lauds was the cause of much
blood being shed; he was determined, therefore, to buy no more."

^ Documentary History of New York, vol. u, p. 780.
2 New Tork Colouial Documenta, vol. vn.p. 78.

THOMAS] NEW York's policy toward the Indians 583

lu a "Review of the trade and affairs of the ludiaus in the uorth-
eru district of Auierica," written about tliis period by Sir William
Johnson, he remarks as follows on the subject of Indian lands:

Whilst the Indian Trade was in this State at the Posts and Frontiers, the inhabit-
ants were not idle; the reduction of Canada raised the value of Lands, and those
who thought they had not enough (who may be presumed to amount to a very large
number), now took every step & employed every low Agent, who understood a little
of the Indian language to obtain Tracts for them;— on this head I need not bo par-
ticular, having so oftain explained their conduct and pointed out its consefiueuc'cs;
however their avidity in pursuit of grants, and these in the most alarming places,
the irregular steps which they took to obtain them, the removal [renewal?] of dor-
mant titles, and the several greater strides, which were taken as herein before is
mentioned, concerned the Indians so nearly, that a general uneasiness took place and
spread itself throughout them all. '

Although Johnson speaks more than once in this review of the
improper methods — "though forbade by the royal proclamation and
express interposition of the Government"— to obtain grants from the
Indians, yet he does not inform us ho^v these were perfected. How-
ever, as the power of granting laiuls to individuals remained in the
governor of the state, they must have been perfected, so far as this
was accomplished, through him. It is proper to add, however, that
Cadwallader Colden, writing to the Lords of Trade in 17Ci, seems to
differ somewhat from Johnson:

As to that part of the plan, which respects the purchasing of Land from tho
Indians, I think it necessary to observe, that the regulations which have been estab-
lished, and constantly loUowed in this province, for upwards of twenty years,
appears to have been eft'ectual and convenient, no complaints having been made by
Indians, or others, on any purchases made by authority of this Gov"' since that
time. By these regulations all lauds purchased of the Indians, are previously to be
surveyed by the King's surveyor General of Lands, or his Deputy, in the presence of
some Indians deputed for that purpose, by the Nation from whom the purchase is
made. Of late years the Deputy Surveyors are not only sworn, but give Bonds, to
the Surveyor General, for the due and faithful execution of their work. By this
means the employing of persons, who have not sufficient skill, or of whose integrity
one can not be so well assured, is prevented, and the Surveyor Gen' is enabled, to
comi)leat a general Map of the Province an<l to locate the several grants precisely,
which cannot be done, if Surveyors, not un.ler the Direction of the Surveyor Gen-
eral, be employed. The Sur%'eyor General in this Province, makes a return of the
Survey, )ipou every Indian purchase, into the Secretaries Office. -

This relates apparently to the ofiQcially authorized purchases, and
not to those which Johnson alludes to as obtained by fraud. However,
as the evidence shows, and as a remedy was applied, it is presumable
that Johnson's statement is correct.

A close of this ill advised and unfortunate course was at last at hand.
Orders, iiroclamations, and instructions, as already shown, had been
promulgated by the English government for the purpose of remedying
this, but a practical and satisfactory method of solution was not
reached until 17C5. It was then proposed that a fixed and well defined

i;New York Ci)lonial Documents, vol. vu, p. 961. ' Ibid., p. 670.

18 ETH, PT 2 5

584 INDIAN LAND CEPSIONS IN' THE UNITED STATES [eth.axx.IS

bouudary or dividing line betweeu the whites and the Indians should be
marked out, and that the whites should be absolutely prohibited from
settling- beyond it under any jiretense. This agreement was perfected
at the treaty of Fort Stanwix in ITOS. The line agreed upon at this
treaty with the Six Nations was as follows:

We tlie said Indians Have for us and our Heirs and Successors granted bargained
sold released and confirmed and by these presents do Grant bargain sell release and
confirm unto our said Sovereign Lord King George the third, All that Tract of
Land situate in North America at the Back of the British Settlements bounded by
a Line which we have now agreed upon and do hereby establish as the Boundary
between us and the British Colonies in America beginning at the Mouth of Cherokee
or Hogohege Eiver where it emptys into the River Ohio and running from thence
ujiwards along the South side of said River to Kittaning which is above Fort Pitt
from thenee by a direct Line to the nearest Fork of the west branch of Susquehanna
thence through the Allegany Mountains along the South side of the said West Branch
iiutiU it comes opposite to the mouth of a Creek callek (sic) Tiadaghton thence across
the West Branch and along the South Side of that Creek and along the North Side
of Burnetts Hills to a Creek called Awandfie thence down the same to the East
Branch of Susquehanna and across the same and up the East side of that River to
Oswegy from thence East to Delawar River and up that River to ojiposite where
Tianaderha falls into Susquehanna thence to Tianaderha and u]) the West side of
its West Branch to the head thereof and thence by a direct Line to Canada Creek
where it emptys into the wood Creek -at the West of the Carrying Place beyond
Fort Stanwix and extending Eastward from every part of the said Line as far as the
Lands formerly purchased so as to comprehend the whole of the Lands between the
said Line and the purchased Lands or settlements, except what is within the Prov-
ince of Pensilvania.'

But it was provided "that the lands occupied by the Mohocks around
their villages, as well as by any other nation affected by this cession,
may effectually remain to them and to their posterity."

As the Indian titles subsequent to this date were obtained by treaties
on the part of the state government or the United States, it is unneces-
sary to allude to them, especially as most of them are mentioned by
Mr Royce in the Schedule. The policy pursued by the United States
had now been fully adopted, and the Indian titles, with some minor
reserves, were finally extinguished in accordance therewith.

This policy was incorporated in the state constitution of 1777, as
shown by the following clause:

And whereas, it is 6f great importance to the safety of this State, that peace and
amity with the Indians within the same be at all times supported and maintained :
And whereas, the frauds too often practised towards the said Indians, in contracts
made for their lands, have in divers instances, been productive of dangerous dis-
contents and animosities:

Be il ordained, That no purchase or contracts for the sale of lands made since the
fourteenth day of October, in the year of our Lord, one thousand seven hundred
and seventy-live, or which may hereafter be made with any of the said Indians,
within the limits of this State, shall be binding on the said Indians, or deemed
valid, unless made under the authority, and with the consent, of the Legislature of
this State. -

1 Xew York Colonial Documents, vol. vill. p. 136.

^Laws of Colonial and S'ate Governmenta in Kegard to Indian Afl'airs. 1832, p. 61.

THOMAS] NEW York's policy toward the ixdians 585

It will be observed that the state acknowledged, in the most solemn
manner possible, the frands practiced on the Indians in regard to their
lauds.

Nnnierous acts were snbsequently passed by the legislature in regard
to Indian lands, but one only of these, which is general in its scope, is
here noticed. This act, which was jiassed in 178S, is as follows :

AN ACT to punish infractions of tliat article of tho Constitution of tliis State, prohibiting pur-
chases of lands from the InVliaua, without the authority and consent of the Legislature, and more
etfectually to provide against intrusions ou the unappropriated lauds of this State.

Whereas, by the thirty-seventh section of the Constitution of this State, reciting
that it is of great importance to the safety of this State, that peace and amity with
the Imliaus within the same be at all times sui>i>orte(l and maintained ; and that the
frauds too often practiced towards the said Indians, in contracts made for their lands,
have, in divers instances, been productive of dangerous discontents and animosities;
it is ordained, that no purchases or contracts for the sale of lauds, made since the
fonrteenth day of October, one thousand seven hundred and seveuty-five, or which
might thereafter be made with, or of the said Indians within the limits of this State,
shall be binding on the said Indians, or deemed valid, unless made nnderthc author-
ity, and with the consent of the Legislature of this State. In order, therefore, more
eflectually to provide against infractions of the Constitution in this respect,

1. Be it enacted hij the people of the State of Xew York, represented in .Senate and
Asi<emblij, and it is lierebi/ enacted liy the antliority of the same, That if any person shall
hereafter, unless under the authority, and with the consent of the Legislature of
this State, in any manner or form, or any terms whatsoever, purchase any lands
within the limits of this State, or make contracts for the sale of lands within the
limits of this State, with any Indian or Indians residing within the limits of this
State, every person so jjitrchasing, or so making a contract, shall be deemed to have
offended against the people of this State, and shall, on conviction, forfeit one hnn-
dred pounds to the people of this State, and shall be further punished by hue and
imprisonment, in the discretion of the court.

2. And he it further enacted hi/ the authorilij aforesaid. That every person who shall
hereafter give, convey, sell, demise, or otherwise dispose of or otter to give, couvey,
sell, demise, or otherwise dispose of any lands within the limits of this State, or any
right, interest, part or share, of or in any lauds within the limits of this State, to
intrude, or enter on, or take possession of, or settle on any lands within the limits of
this State, pretending or claiming any right, title, or interest in such lands by virtue,
under colour, or in consequence of any purch.ase from, or contract for the sale of
lands made with any such Indian or Indians as aforesaid, at any time since the four-
teenth day of October, one thousand seven hundred and seventy-live, and not nnder
the authority, and with the consent of the Legislature of this State, every such per-
son shall be deemed to have oft'ended against the people of this State, and shall on
conviction, forfeit the sum of one hundred pounds to the people of this State, and
be further punished by fine and imprisonment, in the discretion of the court.

And he it further enacted by the anthority aforesaid, That if any persons other than
Indians, shall, after the passing of this act, take possession of, or intrude or settle
on any of the waste or ungranted lands of this State, lying eastward of the lands
ceded by this State to the Commonwealth of Massachusetts, and westward oif the
line or lines commonly called the Line of Property, agreed on between the Indians
and the Superintendent of Indian affairs, in the year one thousand seven hundred
and sixty-eight, every person so taking possession of, or intruding or settling on any
such waste or ungranted lands, within the limits aforesaid, shall be deemed as holding
such lands by a foreign title, against the right and sovereignty of the people of this
State; and it shall and may he lawful for the person administering the government
of this State for the time l>eing, and it is hereby declared to be his duty to remove.

586 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ank. 18

or cause to be removed, from time to time, by svich means, ami iu such manuer as he
shall. judge proper, all persoDs other than Indians who shall so take possession of or
settle or intrude on any of the waste or ungraiited lands of this State, within the
limits aforesaid, and to cause the buildings or other improvements of such intruders
on such lands, to be destroyed; and for that purpose, in his discretion, to order out
any proportion of the militia from any part of this State, and such an occasion to be
deemed an emergency, intended in the second section of the act entitled "An act to
regulate the militia," passed the fourth day of April, 1786. And the detachments so
from time to time to be ordered out, shall receive the same pay and rations, and be sub-
ject to the same rules and regulations, as is provided in the said section of the said act.'

Before closing this section, the following remarks by Yates and
Moalton^ in regard to tlie policy of the State of New York iu this
respect are presented, in order that they may be considered iu cou-
nection with the facts which have been giveu :

In New York, prior to the confederacy of the Union, the same principle as that
which was contiruied in Virginia was adopted as an article (37) of the constitution of
1777. and reincorporated iu that of ISL'2 (article 7, section 12). It rendered contracts
made with the Indians void unless sanctioned by the legislature. Before and since
the adoption of the constitution of the United States various legislative provisions
have been made relative to the diHerent Indian tribes and nations within the State.
Judicial decisions have also followed some of which were deemed to run counter to
the broad principle as settled in the. last case by the courts, and were thereforo
reversed directly or virtually. But it had been early settled that possession of
Indians did not invalidate a patent from the State, and that sales by Indians were
void made to the whites without legislative sanction. But in the final decision of
the Conrt of Errors, it was considered, that from the constitutional provisions of the
State, from the object and policy of the act relative to the different tribes and
nations within this State, declaring such purchase.s (without legislative sanction)
a penal offence; from the construction in }}(iri materia of the whole code of Indian
statute law, from the special act of 1778 to that of 1X10 ; from a review of the history
of the Six natious from their first alliance with the Dutch until the surrender of the
colony to the English, and from the time when they placed themselves under the
protection of the latter to the present [leriod, having for more than a century been
under their and our protection ; from the resolutions of Congress and our public
treaties, all combining to elucidate the principle of pre-eminent claim, and from the
whole scope and policy of these constitutional and legislative provisions originating
iu the cautious and parent.al policy of government to protect the Indians in the pos-
seasi(m of their lands from the frauds and imposition, superior cunning, and sagacity
of the whites; they were to be deemed as incapable of aliening as inoper coiicilii,
and therefore, that, although they are regarded not as citizens, but as independent
allies, or alien communities, still continuing under the protection of government,
and exempt from the civil municipal laws which regulate citizens, (though not from
the o]ieration of our criminal code for crimes committed within our jurisdictional
limits, though among themselves) nevertheless, all contracts for lands, whether
from a trilie or nation — from Indians or from an individual Indian, whether such
individual be an Indian heir deriving from a military grant from government,
(which though presumed from lapse of time to have issued lawfully, must be con-
strued as a grant to the Indian and his Indian heirs and assigns) yet such is their
total incapacity to convey to whites, that all contracts for lands are not only void,
but reciprocally inoperative, except snch indivi<lual sales as shall hrst receive, pur-
suant to the act of the legislature, the api)roval of the Surveyor General of the State,
to be indorsed on the deed from such Indian.

> Laws of Colonial anil Statu Governments in Regard to Indian Afl'airs, pp. 63-65.
^History of New York (1824), vol. i, pp. 308-10.

THOMASJ NEW jersey's POLICY TOWARD THE INDIANS 587

Such being the principles of international law, as sanctioned before and since our
revolution, such the municipal regulations of our general and State goveniraents
since, and such the foundation to the domain of this State; no title derived from the
grant of any Imlians, unless received immediately from our government, can be
recognized in our courts of justice so long as all title is vested in, and must emanate
from tbe United States, or a State, under whichsoever jurisdiction the land may be a
part of its sovereignty.

This is undoubtedly a correct statement of the hiw and theory of the
United States as already noticed, and is also applicable to Xevr York
subsequent to the treaty of Fort Stauwix in 1708, but the facts as
given above, which might be greatly multiplied, do not indicate such
a regular, systematic, and just policy prior to this date as that por-
trayed by Yates and Moulton.

NEW JERSEY

It may be stated at the outset that, as a general rule, the policy
adopted bj' the jiroprietors and settlers of the province of Xew Jersey,
in dealing Avith the Indians in regard to their lands, was just and equi-
table, though passing, in the course of its history, under different gov-
ernments. Occasional injustice was done, and complaints were made by
the natives, but a disposition was generally manifested on the part of the
authorities to amend the error. During the contests between the Dutch
and the Swedes, it is probable that the rights of natives were not as
strictly observed as they should have been; nevertheless, the contend-
ing claims were all to some degree based on purchases or pretended
purchases from them.

The Dutch, as has been shown in the section relating to Xew York,
usually purchased of the Indians the lands they wished to occupy.
Whether this rule was observed in taking possession iu 1G23 (or 1624)
of the land on which Fort Nassau (near (Jloucester) was built, does not
appear from any records examined.

In 1G27 (according to some authors, later according to others) the
Swedes made their ajjpearance in this region, and soon thereafter pur-
chased of " some Indians (but whether of such as had the proi^er right to
convey is not said) the land from Cape Inlopeu to the Falls of Dela-
ware, on both sides the river, which they called Xew-Swedeland stream;
and made presents to the Indian chiefs, to obtain jieaceable possession
of the land so purchased.'" '

There is, however, considerable doubt as to the correctness of this
statement, as George Smith- asserts that the Swedes made no settle-
ments on the Delaware until after 1031.

It appears that during the contest between the Dutch and the Swedes,
each party decided to pursue the policy of obtaining additional grants
of lands from the Indians as the one most likelj' to strengthen its claim
upon the river. There is evidence that both parties conceded the

1 Samuel Smith, Hiatory of the Colony of Nova-CajBaria, or Xew-Jersey (reprint), p. 22.
'Hiatorj" of Delaware county. Pennsylvania.

588 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.a?™. 18

possessory right to be in the natives, and, although nsiug it for selfish
purposes, respected it. As the iiolicy of the Dutch, who gained and
held control of the province until it was acquired by the English in
1GG4, has been referred to under New York, it is unnecessary to add
further evidence on this point.

The iirovince having been granted to Lord Berkeley and Sir George
Carteret, they appointed Philip Carteret as governor. Although there
was no jirovision in the concessions for bargaining with the Indians,
Governor Carteret, on his arrival, thought it prudent to ijurchase their
rights. He ordered that all settlers were either to purchase of the
Indians themselves, or if the lauds had been purchased before, they
were to pay their iiroportions. In 1G72 particular instructions were
given that the governor and council should purchase all lands from the
Indians, and be reimbursed by the settlers as they obtained grants or
made iiurchases from the proprietors. This course had the effect to
render the ludiaus, as a general rule, quiet and i^eaceable neighbors
during the early days of the colony. By "The concessions and agree-
ments of the proprietors, freeholders and inhabitants," March 3, 1G76,
which was substantially a constitution, it is agreecl (chap, xxvi):

AVheu any lands is to hv taken up for settlements of towns, or otlierways, liefore
it be surveyed, the commissioners or the major part of tbcm, are to appoint some
persons to go to the chief of the natives concerned in that land, so intended to be
taken up, to acquaint the natives of their intentions, and to give the natives what
present they shall agree upon, for their good will or consent; and take a grant of
the same in writing, under their bands and seals, or some other publick way used
in those parts of the world: Which grant is to be registered in the publick register,
allowing also the natives (if they please) a copy thereof; and that no person or
persons take up any laud, but by order from the commissioners, for the time being.'

In a memorial by the proprietors of East New Jersey, addressed to
the Lords of Trade in 1699, they ask, among other things, that "the pro-
jirietors shall have the sole privilege — as always hath been practiced —
of purchasing from the Indians, all such land lying within East Jersey,
as yet remain unpurchased from them." This re(iuest was granted. The
same request was repeated in 1701 by East Jersey and West Jersey
jointly.

In 1C77 commissioners were sent by the jiroprietors of West Jersey
with power to buy lands of the natives; to inspect the rights of such
as claimed property, etc. On September 10 of the same year they
made a purchase of the lands from Timber creek to Eankokas creek;
on September 27, from Oldman's creek to Timber creek, and on Octo-
ber 10, from Eankokas creek to Assunpink. In 1703 another pur-
chase was made by the council of West Jersey of laud lying above
the falls of the Delaware; another at the head of Eankokas river, and
several purchases afterward, including the whole of the lauds worth
taking up, except a few plantations reserved to the Indians.^ Previ-
ous to this, in 1693, Jeremiah Bass, attorney for the West Jersey

' Smithls History of New Jersey, p. 533. "Ibid., pp. Si, 95.

THOMAS] NEW jersey's policy TOWARD THE INDIANS 589

Society, made a parcbase on their behalf of the lauds between Cohau-
sick creek aud Morris river. Other purchases, not necessary to be
mentioned here, were made before and afterward.

The two divisions having been united into one province in 1702, by
order of Queen Anne, Lord Cornbnry was appointed governor. One
of the numerous instructions given him is as follows: "You shall not
permit any other person or persons besides the said general proprietors
or their agents to purchase any land whatsoever from the Indians
within the limits of their grant."

In 1703 the following act was i^assed:

AN" ACT for regulating tbe purchasing of land from the Indians.

Whereas, several ill disposed persons within this province have formerly presumed
to enter into treaties with the Indians or natives thereof, and have purchased lands
from them, such person or persons deriving no title to any part of the soil thereof
under the Crown of England, or any person or persons claiming by, from or under
the same, endeavoring thereby to subvest her Majesty's dominions in this country.

Sec. 1. He it ilierrfore enacted hij the (lovcrnor. Council and General Assembln, now
met and asicmbleil, and hij aiitkoriiy of the same, That no person or persons whatso-
ever, forever hereafter, shall presume to buy, take a gift of, purchase in fee, take
a mortgage, or lease fur life or number of years, from any Indians or natives for
anj' tract or tracts of lauds within this province, after the first day of December,
1703, without first obtaining a certificate under the band of the proprietor's recorder
for the time being, certifying such person bath a right, aud stands entitled to a pro-
priety, or share in a propriety, sitch person or persons shall produce such certificate
to the governor for the time being, iu order to obtain a license to purchase such
quantities of laud or number of acres from the Indians "or natives aforesaid, as
such certificate mentions.

Sec. 2. Be it further enacted hy the authorilij aforesaid, That if any person or per-
sons shall presijme to buy, purchase, take gift, or mortgage, or lease of any land,
contrary to this present act, he or they so ofi'ending shall forfeit/o)-(^ shilliniis, money
of this province for each acre of laud so obtained, to be recovered by any person or
persons wlio shall prosecute the same toellect, by action of debt, in any court of rec-
ord withiu this province, one half to tbe use of her Majesty, her heirs and successors,
towards the support of the government, aud the other to the prosecutor: Prorided
aluai/s. That such purchasers, their heirs aud assigns shall forever hereafter bo
incapable to hold plea for the said land in any court of common law or equity.'

The Indian troubles in Pennsylvania having caused fear among the
people of New Jersey iu regard to the disposition of the natives of this
colony, and some complaints having been made by them in reference
to certain lauds, the legislature, in 1750, appointed commissioners to
examine into the treatment the Indians had received. Iu 1757 an act
was passed to remedy the grievances by laying a penalty upon persons
selling strong drink to them, and declaring all Indian sales or pawns
for drink void; that no Indian should be imprisoned for debt; that no
traps of larger weight than 3i pounds should be set, aud that all sales
or leases of lands by the Indians, except in accordance with said act,
should be void.

As the Indians specified quite a number of tracts which had been

' La\T3 of Colonial and State Governments in Eegard to Indian Afl'airs (1832), p. 13:).

590 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.18

purchased, aucl others wliicli bad not been properly obtained, tbe coni-
missiouers, by the following act, passed in 1758, were authorized to
purchase and settle these claims:

AX ACT to empower certain persous to purcliaso the claims of the Indians to laud in this colony.

Whereas, it is the incliuatiou of the legislature of this colony to settle and estab-
lish a good agieemeut and umlerstaiidiug with the Indians who do and have inhab-
ited the same. And as the satisfying their jnst and reasonable demands will be a
necessary step thereto; aiid as a strict and minute inquiry into their several claims
will be attended with great difficulty expense and delay.

Sec. 1. Be it enacted by the Governor, Council and General Assembly, and it is
hereby enacted by the authority of the same. That it shall and may be lawful to
and for tlie treasurers of this colony, or either of them, to pay unto the honorable
Andrew Johnston, Richard Salter, esquires, Charles Read, John Stevens, William
Foster and Jacob Spicer, esquires, who arc hereby appointed commissioners on the
part of New Jersey for this purpose, or any three of them, out of any money iii their
hands, which now is or hereafter shall be made current for the service of the present
war, such sum and sums of money as they may lind necessary to purchase the right
and claim of all or any of the Indian natives of this colony, to and for the use of
the freeholders in this colony, their heirs and assigns forever, so that the sum
expended in the whole exceed not sixteen hundred pounds, proclamation money,
and that the sum expended in the purchase of the claims of the DelaAvare Indians,
now inhabiting near Cranberry, and. to the southward of Raritau river, shall not
exceed one half of the said sum : And the reeeijits of the said commissioners, or any
three of them, when produced, shall discliarge them, the said treasurers, or cither
of them, their executors and administrators, for so much as they, or either of theui,
shall i>ay out of the treasury by virtue of this act.

3. And whereas, the Indians south of Raritau river, have represented their incli-
nation to have part of the sum allowed them laid out in land whereon they may
settle and raise their necessary subsistence: In order that they may be gratified in
that particular, and that they may have always in their view a lasting monument
of the justice and tenderness of this colony towards them:

Be it enacted by the authority aforesaid, That the commissioners aforesaid, or any
three of them, with the approbation and consent of his excellency the governor, or
the governor or commander in chief for the time being, shall purchase some con-
venient tract of land lor their settlement, and shall take a deed or deeds in the name
of his said excellency or commander in chief of this colony for the time being, and
of the commissioners and their heirs, in trust, for tlie use of the said Indian natives
wlio have or do reside in this cidony, south of Raritau, and their successors forever:
I'rurided nererthcJess, That it shall not be in the power of the said Indians, or their
successors, or any part of them to lease or sell to any person or persons any part
thereof. And if any person or persons, Indians excepted, shall attempt to settle on
the said tract or tracts, it shall and may be lawful for any justice of the peace to
issue his warrant to remove any such person or persons from the land. And if any
person or persons Indians excepted, shall fell, cut up, or cart off, any cedar, pine or
oak trees, such person or persons shall forfeit and pay, for each tree so felled cut
np or carted off, the sum of forty shillings, to be recovered before any justice of the
peace in this colony, or other court where the same is cognizable, one half to and
for the use of his Majesty, his heirs and successors to and for the support of gov-
ernment of this colony, and the other half to such persons as shall prosecute the
same to eifect.'

In pursuance of this act, the commissioners did obtain releases and
grants from the Indians fully extinguishing, as is stated by different
authorities, their claims to all lands iu the colony.

' Laws of ColoDial and State Governments in Regard to Indian Aifairs (1832), p. 135.

THOMAS] Pennsylvania's policy toward the Indians 501

From the facts set forth above, uearly all of which are matters of
oflflcial record, it is aiiparent that the policjwdopted aud carried out by
this colony was just and honorable. S^ot only were all the lands pur-
chased from the native occuj)ants, but in cases of subsequent disputes
and claims the wiser course of yielding in part and buying out these
claims was adopted. As a consequence, the people of i?ew Jersey, as
a general rule, dwelt in peace aud safety when Indian wars were raging
in the contiguous colonies.

PENNSYLVANIA

The task of writing up in general terms the policy of Pennsylvania
during its colonial history is a pleasant one, first, because it seldom
varied, so far as it i-elated to its lands, from that consistent Avith honor
and justice; and, second, because it was so uniform that a comi)ara-
tivelj' brief statement will suffice to present all that is necessary to
be said.

The Dutch claim of land on the Schuylkill purchased in 1G33 by
Arent Corsen of "Amettehooren Alibakinue, Sinques, sachems over
the district of country called Armenveruis," may be dismissed as
doubtful. Xevertheless, it is consistent with their general fule of
basing claims to land on jjurchases from the Indians.

If the statement by Smith, given above (under Xew Jersey), that the
Swedes in 1()27 " purchased of some Indians the land from Cape Inlo-
pen to the Falls of the Delaware" be correct, this is the first purchase
of land in Pennsylvania. It is denied, however, that the Swedes made
any settleaients on the Delaware until after 1033, and the fact that the
Dutch based their claim on the above-mentioned purchase in 1((33
would agree with the latter opinion. This, however, is a question of
no importance in the present discussion.

In 1C38 Minuet, who had gone over from the Dutch to the Swedes,
landed with colonists near the mouth of Minquas creek, where, after
having purchased the land from the Indians, he erected a fort, or trad-
ing house, which he named Christina.

At the same time Minuet purchased from the Indians the wliole
western shore of the Delaware to the falls near the present site of
Trenton. Acrelius, speaking of this transaction, says' thatimmediatelj'
land was bought from the Indians, a deed was given, written in Low
Dutch (as no Swede could yet interpret the Indian). By this agree-
ment the Swedes obtained all the western land on the river from Cape
Henlopen to the falls of Trenton, then called by the Indians Santican,
and as much inward from it, in breadth, as they might want. It is
more than probable that this is really the transaction referred to by
Smith,-' which has beeii antedated and nmde to include "both sides of
the Delaware."

1 Peonaylvania Magazine, Hist. Soc. Peun., vol. iii, p. 280.

2 History of New Jersey, p. 22.

592 INDIAN LAND CESSIONS IN THE UNITED STATES [etii.anx. 18

The followiug remarks, by George Siuitli,' iu reference to this pur-
cliase, are worthy of quotation :

It Tvas tbe first cft'ort of civilized man to extinguish tlie IiitUau title to the district
of country that is to claim our particular attention. It will be seen that it embraced
Swaueudael, for which the Dutch had already acquired the Indian title, and also the
lauds about the Schuylkill to which, on account of prior purchase, thoy set np a
rather doubtful claim. The lauds within the limits of our county were free from
any counterclaim on this account; and it follows, that to the wise policy of the
Swedes we are really indebted for tbe estingnishment of the Indian title to our
lands, — a policy first introduced by the Dutch as a matter of expediency, and subse-
cjueutly adopted by William Penn on the score of strict justice to the natives.

But it cannot be contended, that in accordance with national law, this purchase
from the natives, gave to the Swedish governracnt any hiial claim to the country.
They bad no legal riijhi to make purchases from the Indians. To the Dutch, as dis-
coverers of the river, belonged the right of iireemption, or if any doubt existed on
this point, it would be in favor of the English. As against the Swedes, the Dutch
claim rested not only on discovery, l)ut the exercise of preemption and oconpancj-.

On the 25th day of September, 1040, the Dutch purchased some laud
which iuchided a j)ortion of tlie grounds now occupied by Philadel-
phia, ''as it also certaiidy did some of the lands that had been pur-
chased by the Swedes."

As the policj- of the Dutch and- the Swedes, in their dealings with
the Indians regarding the lands of the latter, has been fully shown iu
the sections relating to Xew York and New Jersey, it is unnecessary to
dwell further on it. It may, however, be rejjeated that throughout the
dis])utes and contentions of these two parties, both in Pennsylvania
and jSTew Jersey, both recognized fully the jiossessory right of the
natives, and considered no claim valid unless based on a purchase
from them.

William Penn, having obtained from Charles II in 1G81 a charter for
the province, sent in advance his relative, Colonel William Markham,
who was his secretary. He was accompanied by several commissioners,
who were to confer with the Indians respecting their lands, and to
endeavor to make with them a league of permanent peace. They were
enjoined by Penn to treat them with all possible candor, justice, and
humanity.- However, it does not appear that these commissioners
were associated with Markham in the single purchase he made of the
Indians prior to I'enn's arrival. This was the large purchase on the
Delaware above Shackamaxou.

The deed, as given in the ''Pennsylvania Archives"^ (though of
somewhat doubtful authenticity), is as follows:

Fimt IniVnin Deed to Wm. I'enii, lUSJ.

This Indexture, made the 1.5tb day of .Tuly, in the yeare of o' Lord, according to
English Accompt, one Thousand Six Hundred Eightye Two, Between Idfjuahon,
leanottowe, Idijuoquequon, Sahoppe for himselfo and Okonikon, Merkekowon Urec-
tonforXannacussey, Shanrwawghon, Swanpisse, Nahoosey, Tomakhickon,Wc8tkekitt

' nistory of Delaware CouTity, Pennsylvania, pp. 24-25.
'Clarkaon, llemoirs of William Penn (1827), p. 112,
3 Vol. 1, pp. 47,48.

THOMAsi Pennsylvania's policy toward the ixdians 593

& Tobaw-sis, ladyan J^acUaiuakers of y one pte, And William Peim, Esij'-, Chief I'ro-
prieto"^ of the Proviuce of Pennsylvauia of the other pte:. Witnesseth that for aud in
Consideraeon of the sumes and part icnlers of Goods, merchandizes, and vtensills herein
after mentioned and expressed, (That is to say,) Three Hundred and fflfty ft'athams of
Wampam, Twenty white Hlankits, Twenty li'athams of Strawd waters, Sixty ftathams
of Dutitields, Twenty Kettles, flower whereof large. Twenty Gunus, Twenty Coates,
ftorty Shirts, tiorty payre of Stockings, tforty Howes, florty Axes, Two Barrels of
Powder, Two Hundred Barres of Lead, Two Hundred Knives, Two Hundred small
Glasses, Twelve payre of Shooes, florty Copper I'.oxes, (forty Tobacco Tonngs, Two
small Barrells of Pipes, florty payre of Sissers, florty Combes, Twenty flower pounds
of Red Lead, one Hundred Aules. Two bandfulls of ffish-hooks. Two hamlfulls of
needles, florty pounds of Shott, Teuue Bundles of lieades, Tenne small Saws, Twelve
drawing knives, flower anchers of Tobacco, Two anohers of Rumme, Two anchers of
Syder, Two anchers of Beere, And Three Hundred Gilders, by the said William Penn,
his Agents or Assigns, to the said Indyan Sachamakers, for the use of them and
their People, at and before Sealeing and delivery hereof in hand paid and delivered,
whereof and wherewith they the said Sachemakers doe hereby acknowledge them-
selves fully satisfyed Contented and paid. The said Indyan Sachamakers, (parties to
these presents, ) as well for and on the behalfe of themselves as for and on the behalfe
of their Respective Indyans or People for whom they are concerned. Have Granted,
Bargained, sold and delivered, And by these presents doe fully, clearley and abso-
lutely Grant, bargayue, sell aud deliver vnto the sayd William Penn, his Heirs and
Assigues forever. All that or Those Tract or Tracts of Land lyeing ;iud being iu the
Province of Pennsylvania aforesaid. Beginning at a certaine white oake in the Land
now in the tenure of John Wood, and by him called the Gray Stones over against the
flails of Dellaware River. And soe from thence up by the River side to a corner
marked Spruce Tree with the letter P at the floot of a mountayne. And from the sayd
corner marked Spruce Tree along by the Ledge or floot of tlie mouutaines west north
west to a Coruer white oake, marked with the letter P. standing by the Indyau path
that Leads to an Indyan Towno called Playwickey, and near the head of a Creek
called Towsissinck, And from thence westward to the Creek called Nesharamonys
Creek, And along l)y the sayd Xeshammonyes Creek unto the River Dellaware, alias
Jlakeriskhickon; And soe bounded by the sayd mayne River to the sayd tiirst men-
tioned white oake in John Wood's Laud; And all those Islands called or knowne by
the severall names of Mattiuicunk Island, Sepassiucks Island, and Orecktons Island,
lying or being in the sayd River Dellaware, Togeather alsoe with all aud singular
Isles, Islands, Rivers, Rivoletts, Creeks, AVaters, Ponds, Lakes, Plaines, Hills, Moun-
tay'nes, Sleadows, Marrishes, Swamps, Trees, Woods, ilynes, mineralls and Appur-
tennces whatsoever to the sayd Tract or Tracts of Laud belonging or in any wise
Apperteyning; Arid the reversou and reversons, Remaindr. and Remaindrs. thereof,
Aud all the Estate, Right, Tytle, Interest, vse. pperty, Clayme aud demand whatso-
ever, as well of them the sayd Indyan .Sackamakers (Ptyes to these presents) as
of all and every other the Indyans Concerned therein or iu any pte. or Peel, thereof.
To HAVE AND TO HOLD the sayd Tract or Tracts of Land, Islands, and all and every
other the sayd Granted premises, with their aud every of their Appurtennces vnto
the sayd William Penn, his Heires aud Assignes forever, To the only pper vse &
behoofe of the sayd William Penn, his Heires and Assignes forevermore. And the
sayd Indyan Sachamakers and their Heires and successors, aud every of them, the
sayd Tract or Tracts of Land, Islands, and all and every other the sayd Granted
pmisses, with their and every of their Appurtennces unto the sayd William Penn,
his Heires aud Assignes forever, against them the sayd Indyan Sachamakers, their
Heirs and successors, aud against all and every Indyan and Indyans and their Heires
and successors, Clayming or to Clayme, any Right, Tytle or Estate, into or out of
the sayd Granted premises, or any pte. or prcel. thereof, shall and will warrant and
forever defend by these presents ; In witness whereof the said Prtyes. to these present
Indentures Interchangeably have sett their hands aud scales.

594 INDIAN LAND CESSIONS IN THE UNITED STATES [kth.ann. 18

The following supplementary article was signed August 1, 16S2 :

Wke, wbose names are uuilerwrittcn, for our Selves nud in name and behalfe of
the rest of the within mentioned .Sliaokamaohers, in respeet of a mistake in the first
bargaine betwixt us and the ■nithiu named Wm. I'enn, of the number of tenn gunns
more than are mentioned in the within deed when we should then have received, doe
now acknowledge the receipt of the saide tenn gunus from the said Wm.Penn; And
whereas in the said deed there is certaiue inention made of three hundred and fifte
fathom of Wampum, not expressing the quality thereof, Wee yrfore for our Selves,
and in behalfe also do declare the same to be one halfo whyt wampum and the other
halfe black wampum; And we, Peperappamand, Pyterhay and Eytepamatjietts,
Indian Shaohamakers, who were the fust owners of ye Land called Soepassincks, &
of ye island of ye same name, and who did not formerlie Sign and Seal ye within
deed, nor were present when the same was d<me, doe now by signing and sealling
hereof, Ratefie, approve and confirm ye within named deed and the ye partition of
ye Lands within mentioned writen and confirm thereof in all ye points, clauses, and
articles of ye same, and doe declare our now sealing hereof to be as valid, cfl'ectual
and sufficient for ye conveyance of ye whole Lauds, and of here within named to
ye sd. Wm. Penu, his heirs and assigns for evermore, as if we had their with the
other within named Shaohamakers signed and sealed in ye same.

As there was no change of policy in this respeet during the colonial
history of Pennsylvania, a brief reference to some of the moi-e impor-
tant purchases, and a few of the laws bearing on the subject, will
sufBce for the purpose at present in view.

As remarked by Smith in a note to his Collection of the Laws of
Pennsylvania,' "The early Indian deeds are vague and undefined as to
their boundaries and the stations can not be jjreciselj' ascertained at
this day.-' This is true of the one given above, and is certainly true
of some of those mentioned below. However, according to the same
authority, "the deed of September 17"' 1718 seems to define pretty
clearly, the extent and limits of the lands acquired by the several pur-
chases to that period."

The lands granted by tiie deed of June 23, 1083, were those "lying
betwixt Pemmapecka and Nesliemineh creeks, and all along upon
Neshemineh creek, and backward of the same, and to run two days
journey with an horse up into the country, as the said river doth go."
By another deed of the same date, two sachems who had not joined
in the first, released to Penn the same territory, omitting the "two
day's journey." "The extent of this purchase," says Smith, "would
be considerable, and greatly beyond the limits of the subsequent deed
of Sept. 1718."

Another deed by a single sachem, one Wingeboue, dated June 25 of
the same year, grants "all my lands lying on ye west side of ye Skol-
kill river beginning from ye first Falls of ye same all along upon ye
sd river and backward of ye same as farr as my right goeth."

July 14, 1683, two " Indian Shackamakers" claiming to be the right
owners thereof, granted to Penn the lands lying between Manaiunk
(Schuylkill) and Macopanackhan (Chester) rivei's, "beginning on the

■ Vol, n (1810), pp. 106-124, footnote.

THOMAS] Pennsylvania's policy toward the Indians 595

west side of Manaiunk [obliteration] called Consobockhau [obliteration],
and from thence by a westerly line to the said river Macopauackhan/'

On the same day four "Shackamakers and right owners of ye lands
lying between Manaiunk als [alias] Schulkill and Penimai)ecka
creeks,"' granted all their rights to said lands as far as the hill called
Cousohockan on Manaiunk river, and from thence by a northwest line
to Penimapecka river. In his note on this purchase, Smith says,
"What was the true situation of the Coushohoekau hill can not, per-
haps, be now ascertained. That it could not be very high up the
Schuylkill is apparent; otherwise a 'northwest line' from it, as men-
tioned in the deed last recited, would never strike Penuepack creek,
nor would the line mentioned in deed of July, 1GS5, hereafter cited,
touch the Chester and Pennepack creeks."

September 10, 1G8.3, grant from Kekelappan of Opasiskunk, for his
half of all his land betwixt Susquehanna and Delaware, which lay on
the Susciuehanna side, with a promise to sell the remainder next spring.

October 18, 1683, Machaloha, claiming to be owner of the lands from
Delaware river to Chesapeake baj', and up to the falls of the Susque-
hanna, conveys his right to Penn.

June 3, 1681, deed from Manghougsiu for all his land on Pahkehoma
(now Perkioming).

June 7, 1681, Richard Mettamicout, callinghimself owner of the laud
on both sides of Pemmapecka creek, on Delaware river, sells to Penn.

July 30, 168.5, deed from four "Sakemakers" for lauds between
Macopanackan (Chester) creek and Pemapecka (Dublin) creek; ''Begin-
ning at the hill called Coiishohockin on the river Manaiunk or Skool-
kill; from thence extends in a parallel line to the said Macopanackan
als Chester creek by a southwesterly course, and from the said Consho-
hocken hill up to ye aforesaid Pemapecka, als Dublin creek, by ye said
l^arallel line northeasterly, and so up along the sd Pemapecka creek so
far as the creek extends, and so from thence northwesterly back into
ye woods to make up two full dales journey, as far as a man can go in
two dayes from the said station of ye sd parallel line at Pemapecka;
also beginning at the sd parallel at Macopanackan (als Chester) creek,
and so from theiice up the sd creek as far as it extends ; and from
thence northwesterly back into the woods to make up two full dayes
journey, as far as a man can go in two dayes from the sd station of the
sd parallel line at ye sd ^Macopanackan (als Chester) creek."

As it may be desiiable to know the consideration paid for some of
these purchases, the items mentioned in this case are given here, to
wit: 200 fathoms wampum; 30 fathoms dufl'els; 30 guns; GO fathoms
Stroud-waters ; 30 kettles; 30 shirts; 20 gimlets; 12 pairs shoes; 30
pairs stockings; 30 pairs scissors; 30 combs; 30 axes; 30 knives; 31
tobacco tongs ; 30 bars lead; 30 pounds ])owder; 30 awls; 30 glasses;
30 tobacco boxes; 3 paj^ers beads; 14 pounds red lead; 30 pairs hawk
bells; 6 drawing knives; 6 caps; 12 hoes.

596 INDIAN LAND CESSIONS IX THE UNITED STATES [eth.anx. 18

October 2, 1085, a deed from twelve "ludiau kings, shackamakers'"
to all the lands from Quing Quingiis (or Duck) creek unto Uplaud
(Chester) creek, all along by the west side of Delaware river, and so
between said creeks backward as far as a man can ride in two days
with a horse.

June 15, 1692, deed from four "kings" to the land "lying between
Kesliaraina and Poquessing" upon the Delaware and extending back-
ward to the utmost bounds of the province.

In his note on this purchase, Smith remarks that "these limits ou
the Deleware, are precisely defined. The Poquessing, a name still
retained (as is Jfeshamiuey), is the original boundary between the coun-
ties of Philadelphia and Bucks, as ascertained in 1C85."

July 5. 1C97, deed from the great sachem Tainiuy, his brother and
sons, to the lauds between Pemmopeck and Neshaminey creeks, extend-
ing in length from the Delaware "so farr as a horse can travel in two
summer dayes, and to carry its breadth according as the several courses
of the said two creeks will admit. And when the said creeks do so
branch that the main branches or bodies thereof cannot be discovered,
then the tract of land hereby granted shall stretch forth unto a direct
course on each side and so carry ou the ffull breadth to the exteut of
the length thereof."

September 13,1700, deed from "Widaagh alias Orytyagh and Au-
daggy-junk-quagh kings or Sachems of the Susquehannagh Indians,"
for the Susquehanna river and all the islands therein, and all the lands
on both sides thereof and "next adjoining to ye same, extending to the
utmost confines of the lands which are, or formerly were the right of
the people or nation called the Susquehannagh Indians, or by what
name soever they were called or known thereof.'" As this embraced
the same lands that Peuu had purchased in 1696 of Colonel Dongan,
who claimed to have purchased it of the Indians, a clause confirming
that sale was added in the deed. Peun was very anxious to secure an
undisputed right to Susquehanna river and the immediate lands along
its course through the province, therefore no opportunity was lost to
bring this title to the notice of the Indians in his dealings with them.
The claim of the Five Nations was finally extinguished by the treaty
at Philadelphia in 1736.

"About this period," says Smith, "the Indian purchases become more
important, and the boundaries more certain and defined, and princi-
ples were established, and acquired the force of settled law, of deep
interest to landholders ; and which have been since uniformly recognized,
ami at this moment govern and control our judicial tribunals."

By a deed of September 17, 1718, from sundry Delaware chiefs, all
the lands between the Delaware and Susquehanna rivers from Duck
creek to the mountains on this side of Lechay [Lehigh] were granted,
and all former deeds for lands in these bounds were confirmed. By

' It is deeiued unnecessary to give tbe names of these Indians.

THOMAS] Pennsylvania's policy toward the Indians 597

this agreement all the preceding deeds, westward "two days' Journey,"
etc. whicli would extend far beyond the Lehigh hills, were I'estricted
to those hills.

It is apparent from these deeds, which will suflBce to show clearly the
policy adopted by Penii, that, though just aud humane, his method was
sojnewhat peculiar. His chief object appears to have beeu to extin-
guish claims, and to give satisfaction to the natives for their pos.sessory
rights, rather than to fix definite and accurate boundaries of the lands
purchased. It seems from the wording of the deeds and the bouiids
aud extent indicated, that the intention was to cover all possible claims
of those making the grants. Hence it was an item of little importance
to the proprietor of the province that these deeds often overlapped and
included areas obtained from other claimants.

As the policy adopted in this colony is clearly shown from what has
been stated, it is unnecessary to refer to more than two or three of the
general laws on the subject.

By the act of October 14. 1700, it was declared "that if any person
presumed to buy any land of the natives within the limits of this Prov-
ince and Territories, without leave from the Pro]jrictary thereof, every
such bargain or purchase shall be void aud of no effect."

This, however, failing to prevent individuals from surreptitious eflfoVts
to obtain possession of Indian lands, an additional and more stringent
act was passed October 14, 17211, as follows:

A Supplementary Act to an Aft of Assembly of this Proviuce, intituleil, An Act against buying

Laud of the Natives.

Whereas divers Laws have, from Time to Time, beeu acted iu this Province, for
preserving Peace, aud cultivating a good uudcrstaudiug with the Indian Natives
thereof: Aud wliereas, notwithstaudiug the Provision made by the said former Act,
against purcliasiug Laud of tlic said Natives, without Leave from the Proprietary,
the Peaceof the Public has beeu aud may further l>e endangered by the Proceedings
of some persons, who, to elude the said Act now iu Force against such Practices, do,
contrary to the Intention thereof, pretend to take Laud of the Natives, on Lease, or for
Term of Years, or to liargain with the Iiidianx for the Herbage, or for the Timber or
Trees. Mines, or Waters thereof: and others, who. without any Authority, have settled
upon and talceu Possession of vacant Lands, as well to the manifest Contravention
of the Royal Grant of the Soil of this Province from the Crown to the Proprietary and
his Heirs, aud the apparent Damage of such Persons who have Right to take np Lands
heretofore granted to them within this Province, as to the laying a Foundation for
Disputes, Misunderstandings and Breaches with the said Natives and others: For
the Prevention whereof, Be it enacted by the Honorable Patrick Gordon, Esq; Lieu-
tenant Governor of the Province of Pennsylvania, &c. by and with the Advice aud
Consent of the Representatives of the Freemen of the said Province, iu General
Assembly met, and by the Authority of the same. That no Person or Persons, Bodies
Politic or Corporate whatsoever, shall at any Time hereafter, for any Cause or Con-
sideration, or on any Pretence whatsoever, presume to purchase, bargain, contract,
for, have or take, of or from any Indian, Native or Natives, by any Manner of Gift,
Grant, Bargain or Sale, in Fee-simple, or for Life, Lives, Terms of Years, or any
Estate whatsoever, any Lands, Tenenieuts, or Hereditaments, within the Limits of
this Province, or .any Manner of Right, Title, Interest or Claim, in or to any such
Lauds, Tenements or Hereditaments, or in or to any Herbage, Trees, Fishings,

598 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.18

Eivers, Waters, Mines, Minerals, Quarries, Rights, Liberties or Privileges, of or be-
longing unto anj- such Lands, Tenements or Hereditaments, without the Order or
Direction of the Proprietary or Proprietaries of this Province, or of his or their
I'roprietary Commissioners or Deputies, authorised and appointed, or to be author-
ised and appointed for the Jlanugement of the Proprietary Affairs of this Province,
for and in Behalf of the Proprietary or Proprietaries thereof for the Time being; and
tliat every Gift, Grant, Bargain, Sale, written or verbal Contract or Agreement, and
every pretended Conveyance, Lease, Demise, and every other Assurance made, or that
shall be hereafter made, with any of the said Indian Natives, for any such Lands,
Tenements or Hereditaments, Herbage, Trees, Eivers, Waters, Fishings, Mines, Miu-'
erals, Quarries, Rights. Liberties or Privileges whatsoever, within the Limits of this
Province, without the Order and Direction of the Proprietary or his Commissioners
as aforesaid, shall be and is hereby declared and enacted to be null, void, and of none
effect, to all Intents, Constructions and Purposes in the Law whatsoever. And that
as well the Grantee, Bargainee, Lessee, Purchaser, or Person pretending to bargain,
or to have bargained or agreed with any Indian Native as aforesaid, contrary to the
the true Intent and Meaning of this Act, as all and every Person or Persons entering
into and taking Possession of any Lands withiu the Province of Pennsylvania, not
• located or surveyed by some Warrant or Order from the Proprietary or Proprietaries,
his or their Agents or Commissioners as aforesaid, to the Person or Persons pos-
sessing said Lands, or to some Person or Persons under whom they claim, and upon
reasonable Notice and Request, refusing to remove, deliver up the Possession, or
to make Satisfaction, for such Lands, shall and may Ije jiroceeded against in such
Manner as is prescribed by the several Statuets of that Part of the Kingdom of
Great Britain, called Entjland, made against forcible Entries and Detainers; and that
no Length of Possession shall be a Plea against s ich Prosecution.'

In April, 1760, an act was passed " to prevent the hunting of deer
and other wild beasts beyond the limits of the lauds purchased of the
Indians by the Proprietaries of this Province, and against killing deer
out of season."

Trouble having been brought upon the colony by the encroachments
on the Indians' lauds, and war from other causes having been carried
on against the western settlements of the province by the Delawares
and Shawnees, soon after peace was restored the following law was
passed, October 14, 1768:

AX ACT to prevent Persona from settling on tbe Lands, within the Boundaries of this Province,

not purchased of the Indians.

Whereas many disorderly Persons have presumed to settle upon Lands not pur-
chased of the Indians, which has occasioned great Uneasiness and Dissatisfaction
on the Part of the said Indians, and have been attended with dangerous Conse-
quences to the Peace and Safety of this Province; For Remedy of which Mischief
in future. Be it Enacted by the Honorable John Penn, Esq; Lieutenant Governor,
under the Honorable Thomas Penn, and Richard Penn, Esquires, true and absolute
Proprietors of the Province of Pennsylvania, and Counties of New Castle, Kent and
Susses upon Delaware, by and with the Advice and Consent of the Representatives
of the Freemen of the said Province, in General Assemlily met, and by the Author-
ity of the same. That if any Person or Persons, after the Publication of this Act,
either singly or in Companies, shall presume to settle upon any Lands, within the
Boundaries of this Province, not purchased of the Indians, or shall make or cause
any Survey to be made, of any Part thereof, or mark or cut down any Trees thereon,
with Design to settle or appropriate the same to his own, or the use of any other

1 Act3 of Agaembly of the Province of Pennsylvania, Philadelphia, 1775, pp. 157-158.

THOMAS] MASSACHUSETTS' POLICY TOWARD THE INDIANS 599

Person or Perbous whatsoever, every such Persou or Persons so oflending, being
legally convicted thereof in any Court of Quarter Sessions of the County where
such Olfenilers shall be apprehended (iu which said Court the Offences are hereby
made Cognizable) shall forfeit and pay, for every such Offence, the Sum of Five
Hundred Pounds, and suffer Twelve Months Imprisonment, without Bail or Main-
prize; and shall, moreover, find Surety for his good Behavior during the Space of
Twelve Months from and alter the Expiration of the Term of such Imprisonment;
one Moiety of the said Sum of Money to the Prosecutor, and the other Moiety to the
Overseers of the Poor of the City or Township where such Offender shall be ajipre-
hended, to the Use of the Poor thereof.'

By the close of the eigliteeuth ceutury, or at least before the year
ISIO, all the land within the bounds of Pennsylvania, infliuling the
addition forming- Erie county, had been purchased from the Indians.
There was other legislation relating to the subject, but as it is of the
sarue tenor as that given it is unnecessary to quote it here.

That the policy of this colony, inaugurated by William I'enn, was
just and honorable must be conceded from the evidence given above,
and that it was so considered by the Indians is a matter of history.
The method pursued in making purchases from the Indians, however,
was peculiar, as is apparent from the deeds which have been preserved,
some of which have been noticed. The object, as remarked above,
seems to have been to extinguish claims rather than to purchase
detinite bodies of land. The con.sequence was that the grants often
overlai)ped one another and tracts had to be ]>urchased twice or three
times whei'c there were conflicting claims, as iu case of the valley of
the Susquehanna. Part of the payment for the first deed, as wM be
seen by reference to the copy given above, consisted of rum. This,
however, ap|>ear.s to have beeu the only one for which intoxicants
formed part of the payment.

MASSACHUSETTS

It is probably not going too far to agree with Reverend Dr George
E. Ellis- that the problems of the Massachusetts colonies, especially
of [Massachusetts Bay, have not even yet been fully and clearly worked
out by modern historians. There remains in the mind of him who has
searched the numerous histories, lectures, and essays relating to the
early days of New England rather a confused idea of conflicting
views, lights of various tints, and opinions of various hues than a
clear, comprehensive idea of the views, motives, and purposes of the
hardy pioneers who sought a refuge on the rugged shores of Massa-
chusetts bay. There is generally close agreement as to details, even to
minute particulars, for the data, except on a few lines, are more than
usually full; hence he who would solve the problems to his own satis-
faction must study the records for himself and draw his own conclu-
siou. Unfortunately for the present investigatiou, the subject under

•Acts of Assembly of the Province of Pennsylvania, Philadelphia, 1775, p. 355.
2 Aims and Purposes of the Massachusetts Colony.

18 ETII, PT li (J

600 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.18

consideration is one of the few lines forming tbe exceptions alluded
to, at least so far as appears from tlie published data.

The theory upon which the policy and acts of the Plymouth colony
and several other settlements were based is sufficiently clear, but that
of Massachusetts Bay is not so well defined and is not given precisely
the same in all the histories in which allusion to it is made. Moreover,
the records are somewhat deficient in the data bearing on the question.
Further reference, however, will be made to the subject a little later.

A side light may be thrown on the method of acquiring title from
the Indians usually followed in Massachusetts, and, in fact, in most of
ifew England, by reference to the following passage from Doyle:'

Of the various rights of the New Euglaud township the most important perhaps
were the territorial. lu Virginia the Governor and his Council, as the representatives
of the Crown, made over a tract of land to an individual as a tenant for life, paying
a (initrent. In Maryland or Carolina the same process took place, except that the
grant was made, not by the Crown, but by the Proprietors. But in New England
the soil was granted by tbe government of the colony not to an individual, but to
a corporation. It was from the corporation that each occupant derived his rights.
Nor was thi.s corporate claim to the land a legal technicality, like the doctrine that
the soil of England belongs to the Crown, and that all estates in laud are derived
thence. The New Euglaud township was a landholder, using its position for the
corporate good, and watching jealously over the origin and extension of individual
rights. At the same time the colonial government did not wholly abandon its rights
over the territory. For examiile, we find the General Court of Plymouth in part
revoking a grant of lands at Mattacheese, or, as it was afterwards called, Yarmouth,
on the ground that the territory in question had not been fully occupied. It was
accordingly enacted that those settlers who had actually taken up lands should
continue to enjoy them, but that the township should not be allowed to make any
further distribution.

As wo have already seen, the territorial system of the New England town took
almost 8pontaueou.sly a form closely resembling the manor. Part of the laud was
granted in lots, part was left in joint pasture, part was to be tilled in common.
Though this was cultivated on a uniform system, yet apparently it was cut up into
strips which were allotted, not in annual rotation, but in permanence, to the differ-
ent holders.

It would follow, as a natural consequence of this custom, that pur-
chases of lands from Indians were usually by and on behalf of the
towns.

Plymouth colony commenced its settlement under favorable circum-
stances, so far as the right of entry was concerned. Notwithstanding
what is stated hereafter in regard to purchases, it appears that the
land they fixed upon as the site of their town was without inhabitants
or claimants. The following, from the " Preface to the Plymouth
Laws," as given in Holmes' Annals, shows that this was the under-
standing ot the first settlers :

The new Plymouth associates, by the favor of the Almighty, began the colony in
New England, at a place called by the natives, Apaum, alias Patuxet; all the lands
being void of inhabitants, we the said .John Carver, William Bradford, Edward

' Puritan Colonies, vol. II, pp. 12-13.

THOMAS] MASSACHUSETTS' POLICY TOWARD THE INDIANS 601

■NVinslow, William Brewster, Isaac Allertou, and the rest of our associates, entering
into a league of peace with JIassasoit, since calleil Woosamequin, Prince or Sachem
of those parts: he, the said Massasoit, freely gave them all the lands adjaceut to
them, and their heirs forever. '

lu the "Journal of a Plantation," first printed in 1(122, and abbrevi-
ated in Purchas' Pilgrimes,' occurs the following passage, which
accounts for the absence of natives at this time and place:

He [Samoset] told us the place where we now live is called Patuxet, and that
about four years ago all the inhabitants died of au extraordinary plague, and there
is neither man, woman, or child remaining as indeed we have found none; so as
there is none to hinder our possession, or lay claim to it.

It would seem from the evidence furnished by the old records that
as this colony began to increase, it adojited the ju.st policy of purchas-
ing from the natives the lands they desired to obtain. "It is a con-
soling fact," says Dr Holmes, "that our ancestors purchased of the
natives theii land for an equivalent consideration, as appears by a
letter from the pious governor Winslow, dated at Marshfleld, May 1st,
167G, as follows: 'I think I can clearly say, that before these present
troubles broke out, the English did not possess one foot of land in this
colony but what was fairly obtained by honest purchase of the Indian
proprietors. We first made a law that none should purchase or receive
of gift any land of the Indians, without the knowledge of our court.
And lest they should be straitened, we ordered that Mount Hope,
Pocasset, and several other necks of the best land in the colony,
because most suitable and convenient for them, should never be
bought out ot their hands.'"'

This letter brings out two important facts: First, that the people of
Plymouth recognized the Indian occupants as the proprietors; second,
that they adopted at au early day the rule that no purchases of land
should be made without the consent of the court. It is to be noticed
that Peter Oliver,^ in his severe charge against the Puritans of over-
looking the Indians' rights, does not include Plymouth. However, it
may not be amiss to add Ilancroft's comment on the last clause of
Winslow's letter: "Ee[)eated sales had narrowed their [the ladiaus'J
domains, and the English had artfully crowded them into the tongues
of land as 'most suitable and convenient for them.' There they could
be more easily watched, for the frontiers of the narrow peninsulas were
inconsiderable." This, after all, is but a sample on a small scale of
what has been done on a much grander plan during the march of
civilization over the territory of the United States.

As indicated above, the theory held by the colonists of Massachusetts
in regard to the Indian title to the land was not the same as that held
by the jjeople of other colonies. This theory as given by one, though

' Thacher, History of Plj-mouth, p. 38, note. ' Tliacher, History of Plymouth, p. 145.

2J3ook 10, chapter 4. 'Puritan Commonwealth.

602 INDIAN LAND CESSIpNS IN THE UNITED STATES [eth. a.nn. 18

a Xew Englauder, who writes as a stroug opi)oueiit of Puritanism, is
as follows : '

'•They deemed themselves commissioned, like Josbnii of old, to a work of blood;"
aud they sought an excuse for their uniform harshuess to the Indians in those dread-
ful tragedies which were enacted, far back in primeval ages, on the shores of the
Red .Sea and the fertile plains of Palestine, and in which Almighty Wisdom saw fit
to make the descendants of Israel the instruments of his wrath. So early as 1632,
the Indians "began to nuarrel with the English about the bounds of their land;"
for the Puritan Pilgrims, maintaining that "the whole earth is the Lord's garden,"
and, therefore, the peculiar property of his saints, admitted the natural right of the
aborigines to so much soil only as they could occupy and improve. In 1633, this
principle was made to assume the shape of law; and, "for settling the Indians' title
to lands in the .jurisdiction," the general court ordered, that " what lauds any of the
Indians have possessed anil improrid, hi/ siihdiihui the saDic, they have just right unto,
according to that in Genesis, eh. i, 28, and ch. ix, 1." Thus the argument used was
raciiiitii diimicilium cedil occujxiiiti : and, by an ajiplication of the customs of civili-
zation to the wilderness, it was held, that all land not occupied by the Indians as
agriculturists, "lay open to any that could or would improve it."

^ *f ^ - - rf j*

It has been the fashion, of late, to assert for the Puritans that they regarded
European right, resting on discovery, to be a Popish doctrine, derived from Alexander
VI., and that they recognized the justice of the Indian claims. But this position
cannot be maintained. The rude garden, which surrounded the savage wigwam, was
alone considered as savage property. The boundless landscape, with its forests,
fields, and waters, he was despoiled of, on the harsh plea of Christian right. In
this way, Charlestown, Boston, Dorchester, Salem, llingham, aud other places, were
intruded into by the Puritan Pilgrims, without coudesceudiug to any in(juiry con-
cprniug the Indian title. They were seized and settled, because they were not wav-
ing with fields of yellow corn duly fenced in with square-cut hawthorne.

Although this is harshly expressed by one evidently prejudiced, and
is not fully warranted, it sets forth the Puritan theory of the Indian
title correctly. The act of 1633, alluded to as given by Thomas and
Homans,- is as follows:

It is declared and ordered hy this Court and authority theriof. That what lands any
of the Indians in this jurisdiction have possessed and improved, by subduing the
same, they have just right unto, according to that in Gen. 1. 28, and Chap. 9. 1, and
Psul. 115, 16.

And for the farther encouragement of the hojieful work amongst them, for the
civilizing and helping them forward to Christianity, if any of the iTidiaus shall be
brought to civility, and shall come among the English to inhabit, in any of their
plantations, and shall there live civily and orderly, that such Indians shall have
allotments amongst the English, according to the custom of the English in like case.

Furlhir it is ordered, That if, upon good experience, there sh;ill be a competent
number of the Indians brought on to civility, so as to be capable of a township upon
their reijuest to the General Court, they shall have grant of lands undisposed of, for
a ]dantation, as the English have.

And further it is ordered by this Court and the authority thereof, aud be it hereby
enacted. That all the tract of land within this jurisdiction, whether already granted
to any English plantations or persons, or to be grant6<l by this Court (not being

1 Peter Oliver, Puritan Commonwealth, pp. 101-103.
^Laws of Colonial aud State Goverumeuts (1812). pp. 9-10.

THOMAS] MASSACHUSETTS' POLICY TOWARD THE INDIANS G03

under the qualifications of ritjht to the Indiaua) is, and sliall be accounted the just
riijjit of such Englisli as already have, or hereafter shall have nrant of lands from
this Court, and the authority thereof, from that of Gen. 1. 28, and the invitation of
the Indians.

Sec. 2. Anil it IS ordered, That no i)erson whatsoever shall hencelorth buy land of
any Indian, without license lirst had and obtained of the General Court; and if any
ofi'end herein, such land so bought shall be forfeited to the country.

Subsequently (10G5) the court, in explanation of the last clause of
this act, declared a.s follows:

This Court doth declare the prohibition there exprest, referring- to the purchase of
Indian land without license from this Court is to be understood, as well grants for
term of years, as forever, and that under the same penalty as in the said law is
exprest.

The lirst clause of this act certainly accords with the theory of
restricted rights as above set forth. However, the words " and the
invitation of the Indians,"' in the fourth clause, are significant, espe-
cially in view of the lact that the settlement at Charlestown was made
by "consent" of the chief. Sagamore John.

In a paper bearing the title, ''General considerations for the planta-
tion in Xew England, with an answer to several objections,'' written
by Winthrop, according to the copy in the Massachusetts State Papers,
answers the objection, " But what warrant have we to take that land
which is and hath been of long tyme possessed of other sons of Adam ? " '
Thus—

That which is common to .all is proper to none. This savage people ruleth over
many lands without title or projierty ; for they inclose no ground, neither have they
cattell to maintayne it, but remove their dwellings as tliey have occasion, or as they
can prevail against their neighbors. And why may not christians have liberty to
go and dwell amongst them in their waste lands and woods (leaving them su<h
places as they have manured for their come) as lawfully as Abraham did among the
Sodomites? For God hath given to the sons of men a two-fould right to the earth;
there is a naturall right and a civil right. The first right was naturall when men
held the earth in common, every man sowing and feeding where he jileased ; Then,
as men and cattell increased, they appropriated some parcells of ground by enclosing
and peculiar nianurauce, and this in tyme got them a civil right. Such was the
right which Ephron the Hittite had to the field of Machpelah, wherein Aliraham
could not bury a dead corpse without leave, though for the out parts of the country
which lay common, he dwelt upon them and tooke the fruite of them at his pleasure.
This appears also in Jacob and bis sons, who I'edd their flocks as boiildly in the
Canaanites land, for he is said to be lord of the country; and at Dotham and all
other places men accounted nothing their owne, but that which they had appro-
priated by their own inilnstry, as apjieais plainly by Abinielech's servants, who in
their 'own countrey did often contend with Isaac's servants about wells which they
had digged; but never aliout the lands which they occupied. So likewise betweene
Jacob and Laban; he would not take a kidd of Laban's without special contract;
but he makes no bargaine with him for the land where he fedd. And it is probable
that if the countrey had not been as free for Jacob as for Laban, that covetous
wretch would have made his advantage of him, and have upbraided Jacob with It
as he did with the rest. 2dly, There is more than enough for them and us. 3dly,

'P.ages 30-31.

604 INDIAN LAND CEi^SIONS IN THE UNITED STATES (eth.ann.IS

God hath consumed the natives vrith a miraculous plague, whereby the greater part
of the countrey is left voide of inhabitants. 4thly, We shall come in with the good
leave of the natives.'

We are iuformed that the colouj' in the first year of its existence
made an order that no person should trade with the Indians or hire one
as a servant withont licen.se. But it is doubtful whether this would
have been construed as referring to land purchases, as colouial laws
prohibiting '-trade" or "traflQc" were not generally understood as
relating to lands, though doubtless a trade in land would have been
considered a violation of the law. But the point made here is that the
colonists, in making this law, did not have laud purchases in view,
and that no inference can be drawn from it that purchases of land had
taken place.

The following are some of the transactions with tlie Indians in ref-
erence to lands, mentioned by the old records which have been pub-
lished; However, the towns referred to by Mr Oliver as having
disregarded the Indian title are not all thereby cleared from this
charge. How far this charge holds good as to "other places" can
only be inferred from what is hereafter presented. The records of
Dorchester, one of the towns mentioned, contains the following entry:

Whereas there was a plantation given by the town of Dorchester unto the Indians
at Ponkipog it was voted at a general town meeting the seventh of December, 1657,
that the Indians shall not alienate or sell their plantation, or any part thereof, unto
any English upon the loss or forfeiture of the plantation.

The same day it was voted that the honored Major Atherton, Lieutenant Clap,
Ensign Foster, and William Summer, are desired and empowered to lay out the Indian
plantation at Ponkipog, not exceeding six thousand acres of land.

It is stated by Reverend T. M. Harris, in his account of Dorcliester,^
that the first settlers were kindly received by the aborigines, who
granted them liberty to settle; "but at the same time they were care-
ful to purchase the territory of the Indians;" also that "for a valuable
consideration they bought a tract of land from what is now called Eox-
bury brook on the west to Neponset river on the south, and on the
other sides bounded by the sea." A deed was also obtained from
Kitchmakin, "sachem of Massachusetts," for an addition as far as the
"Great Blue Hill." In 1G37 the general court made a second grant to
the town "extending to the Plymouth line," called "the New Grant,"
but the purchase from the Indians was not completed until 16(36, and
deed obtained in 1671. The amount paid for this last purchase was
$140 (£'2S). If this writer, who adds, "These are pleasing evidences
of the precaution used by the early settlers to make regular purchases

' There is considerable difference betneen the varions copies of this paper. The second paragraph,
as given in the '■ Old South Leaflets," (12th series, uumber 'i) is as follows : " We shall come in w"
the good leave of the Natives, who tinde benefitt already by our neighbourhood & learne of us to
improve pt to more use, then before they could doe the whole. A: by this nieanes wee come in by valu-
able purchase : for they hav of us that W will yeild them more beuelitt then all the laud w'.' wee
have from them." In the copy given above, this is found in the fourth paragraph, abbreviated thus:
" We shall come in with the good leave of the natives."

2 Collections ilassacbusetts Historical Society, vol. i.x, first series, pp. 159. 160.

THOMAS] MASSACHUSETTS' POLICY TOWARD THE INDIANS 605

of the natives,'" be correct, then Mr Oliver is mistaken so far as bis
cbarge against this town is coucei'ned.

in regard to Salem, however, Mr Oliver's cbarge is not so clearly
refuted. AVilliam Bentley, in bis "Description of Salem,'"' makes a
weak apology for the town, as follows:

An imiuiry into the settlement of Salem will not necessarily lead to examine the
authority of the royal patent, granted to the Plymouth company, or to the dispute
respecting its extent. The right of possession, in regard to particular natives of
America, may he as unnecessary an inr|uiry, in regard to the matter of fact. The
Indian deed, or, as it might he called, quitclaim, granted, at so late a year as 1686,
to John Higginson, from the Indians of Chelmsford and Natick, and for a small
consideration, could he nothing hut an attempt to prevent iuture trouhle, and must
satisfy us that no proper settlement had been made Ijy the consent of the Indians.
For Salem there is an apology which is sufficient: The natives had forsaken this
spot, before the English had reached it. On the soil, they found no natives, of whom
we have any record. No natives ever claimed it, and the possession was uninter-
rupted. Reverend John Higginson reports from tradition, that there had been an
Indian town in North-fields, hut no particular settlement, about the time of the
infancy of the colony, appears. On several points of laud, convenient for fishing,
several graves have been found, which indicate the visits of the fishing Indians.
But these are too few to agree with any settlements. Mr. Williams, who came to
Siilem, and settled within two years after Winthrop arrived, and who has given us
the most early and best history of the Indiatis, does not mention them near Salem,
and Gookin does not find them upon this spot. Williams speaks, as if the Indians,
known to him, buried their dead, laying in their graves; but all the graves, which
have been opened, .shew that the dead were liuried sitting at Neumkcage. No where
have Indian names obtained, but English names were immediately adopted. These
facts are sufficient to satisfy that no Indian claims were regarded, in the first settle-
ment of Salem.

This apology, based on the idea that there were no Indian claimants,
does not accord exactly with the fact that John Higginson obtained a
deed "to prevent trouble,"' nevertheless it is possible that both state-
ments may be correct.

Barnstable. — No account of the tirst settlement of this town, called
by the Indians Mattacheeset, appears to be on record. The Reverend
Mr Melleii, in his "Topographical Description," says "there is reason
to think that no part of the town was settled without purchase or con-
sent of the natives; for though no record remains of any considerable
tract on the north side being purcha,sed of the Indians, yet it appears
by several votes and agreements of the town, extracted from the first
town book and preserved in the second, that all the south side of the
town was amicably purchased of Wianne and several other sachems
about the year 1650."

Xantiiclxct. — The whole of the island was purchased ])iecemeal, begin-
ning at the western end.

The land about Sandwich and Marshpee was purchased about 1660
from Quachatisset and others, but, strange to say, for the use and
beuetit of other Indians.

■Collections MaasacLuaetts Historical Society (1800). vol. VI, pp. 230-231.

606 INDIAN LAND CESSIONS IX THE UNITED STATES [eth.axn. 18

In 1697 purchases of land from the Indians were made by the town
of Truro, as appears from an old book of records kept by the town/

The principal part of the town of Ilopkinton was purchased from
the natives by ^Iv Leverett. then president of Harvard College, for
the purpose, it is said, of perpetuating the legacy of Edward Hopkins
to the college.

In ICJrJ: the following lands were purchased: "xV tract of land called
Pocliet, with two islands, lying before Potanununjuut, with a beach
and small island upon it; also all the land called Namskeket, extend-
ing northward to the bounds of the territory belonging to George, the
sachem excejiting a small island (Pochet). They bought at the same
time all the lands belonging to Aspinet." The inhabitants of Eastham
also, in 1640, j)urchased "the neck of land lying at the mouth of the
harbor, the island Pochet, and the tract" extending from the northern
limits of Xauset to a little brook named by the Indians Sapokonisk
and by the English Bound brook.

The Indian deed for the lands purchased of them for the town of
Haverhill is as follows:

Know all Men uy these Presents ; that wee Passaquo and Saggahew, with the
consent of Passaconnaway have sokl unto the inhabitants of Pentuckett all the laud
we have in Pentuckett; that is eight miles in length from the little river in Pen-
tuckett westward, six miles in length from the aforesaid river northward, and sis
miles in length from the aforesaid river eastward, with the islands and the river
that the islands stand in as far in length as the laud lyes, as formerly expressed,
that is fourteene myles in length ; and we the said Passaquo and Saggahew with the
consent of Passaconnaway have sold unto the said inhahhittants all the right that
wee or any of us have in the said ground, and islands and river; and do warrant it
against all or any other Indians whatsoever unto the said inhabbittauts of Pen-
tuckett and to their heirs and assigns forever. Dated the fifteenth day of Novem-
ber: AnnoDom: 1642:

Witness our hands and seals to this bargayne of sale the day and yeare above
written (in the presents of us). Wee the said Passaquo and Saggahew have received
in hand, for and in consideration of the same, three pounds and ten shillings. ■'

Zaccheus Macy, in his account of I^^antucket, ' throws a little light
on the subject of Indian deeds, where he says: "I have observed also,
that some of our old deeds from the Indian sachems were examined
by Peter Folger, and he would write something at the bottom of the
deed and sign it, in addition to the signature of the justice; for he
understood and could speak the Indian tongue." In what capacity
Folger signed these deeds does not appear. He was one of the commis-
sioners appointed to layout lots in Xautucket, but this had no relation
to purchases from the Indians. However, it appears that the magis-
trate's signature was necessary. This would indicate, as stated above,
that the authority governing these purchases remained practically iu
the towns, and that reference to the general court was made only iu

1 Collections Massachusetts Historical Society, vol. ni,

^Op. cit., vol. IV (1816), pp. 109-170.

3 Collections Massachusetts Historical Society. \ol in. lirst series, p. 159.

THOMAS] MASi^ACHUSETTs' POLICY TOWARD THE INDIANS (iUT

unusual or extraordinary cases, or in disi)ute(l eases wliicli could not
otherwise be settled.

Keverend Peres Forbes, in his description of the towu-of liaj'nham
(1703), says that lands (S by -IJ miles) originally known by the name
Cohanat, "in the colony of New Plymouth,'' were purchased of Mas-
sasoit by Elizabetli Pool and her associates.

According to Drake,' the following purchases were made of King
Philip: " In 1665, he sold the country about Acushena ^now New Bed-
ford,) and Coaxet, (now in Compton.) Philip's father having previously
sold some of the same, £10 was now given him to i)reveut any claim
from him, and to pay for his marking out the same." In 1662 Wrentham
was purchased of him by the English of Dedham. In 1669 an addi-
tional pui'cliase was made by Dedham. In 1667 he sold to Constant
Southworth and others all the meadow lands " from Dartmouth to
Matapoisett ;" also to Thomas Willet and others -all that tract of land
lying between the Eiuer Wanascottaquett and Cawatoquissett, being
two miles long and one broad.'"

Ue sold and quitclaimed several othertracts, viz, "eight miles scjuare,"
including the town of Pehoboth; an island near Nokatay; "a consider-
able tract of land in Middleborough;'" land lying "near Acashewah in
Dartmouth;" a tract "twelve miles S(iuarc" south of Taunton, and a
few days later "four miles square more.''

These examples are sufficient to show that to some extent at least
the lands as occupied by the colonists were purchased from the Indians;
yet the lack of evidence, absence of records, and even want of tradi-
tion in regard to some of the towns lead to the inference that posses-
sion of the lands was otherwise gained, as at Boston, Salem, and other
places.

In 1613 an act was passed by the Plymouth colony prohibiting all
trafBc in land with the Indians; and in 1657 and 1662 the general court
took measures to protect the natives' fields and grounds from the stray
cattle and swine of the English.

Among the articles of the confederation or alliance of 1613 between
the four colonies — Massachusetts, Plj'mouth, Connecticut, and New
Haven — was the following:

It is also by these coufederates agreed, that the charge of all just wars, whether
ofl'eusive or defensive, (upou what jiart or memljer of this confediratiou soever they
shall fall,) shall lioth iu men aud provisions, and all other disbursements, be borne
by all the parts of this oonfederatiou, iu different proportions, according to their
diflerent abilities, in manner followinj;, viz. That the commissioners for each Juris-
diction, from time to time, as there shall be occasiou, bring account aud number of
all the males in each plantation, or any way belonging to or under their several
jurisdictions, of what qvuility or condition soever they lie, from sixteen years old to
sixty, being inhabitants there; and that according to the different numbers, whiih
from time to time shall be found in each jurisdiction, upou a true and just account,
the service of meu, and all charges of the war be borne by the poll. Each jurisdic-

' Indians of Kortli America (ia33), bk. 3, chap. 2, p. 14.

608 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.anx. 18

tioii or plantation being left to their own, just conrse or custom of rating themselves
and people, according to their different estates, with ilue respect to their finalities
and exemptions among themselves: though the confederates take no notice of any
such privilege, and that according to the ditl'erent charge of each jurisdiction and
plantation, the whole advantage of the war, (if it pleased God so to hless their
endeavors,) whether it be in land, goods, or persons, shall be proportionably divided
amongst the said confederates.'

As "offensive" as -well as "defensive" wars are alluded to, and tbe
"advantages gained in lands, goods, or i^ersons" were to be divided
l^roportionately, ]\Ir Oliver declares this " must have had reference to
an absorption of tbe whole territory of Kew England." Though the
provisions are curious and seem to embrace somewhat covertly the
right under certain conditions to wage an offensive war and appropri-
ate the territory thereby gained, Mr Oliver'.s inference is not fully
justified. Moreover, it seems to be forbidden by the ninth article of
the agreement.

The only reference in this agreement to the treatment of the Indians
is the following brief paragraph in article S: That the commissioners
appointed are to see "how all the jurisdictions may carry it toward tbe
Indians, that they neither grow insolent nor be injured without due
satisfaction, lest war break in upon tbe confederates through miscar-
riages."' These references are given as furnishing some indication of
the theory of tbe colonists of Massachusetts in regard to the rights
and title of- tbe natives, for it must be understood that this agreement
was in truth the expression of Massachusetts Bay, Khode Island being
refused admittance and Connecticut being virtually a silent factor.

Another episode in which tbe question of primary title was brought
forward was that caused by the abrogation of tbe charter and the
course of Governor Andros. The history is too well known to need
repetition here. It is necessary only to say the theory accepted by
the Crown was that, in consequence of the abrogation of the charter,
no claim based on a grant from the Massachusetts Company or on a
l^urchase from the Indians was valid, and that no New England settler
had ever acquired a legal title to his lands. The real object of tliis
bold move appears to have been to force contributions from tbe people
by compelling them to pay for new grants and new confirmations of
their purchases. Indian deeds were declared to be •• worth no more
than the scratch of a bear's paw."

These items are sufficient to give a general idea of the policy and
methods of dealing with the Indians in regard to their lands, adopted
and practiced by the colonists of Massachusetts in the early days of
their history while under Puritan control. In closing this brief exam-
ination of the period of Massachusetts history alluded to, the decision
given by Doyle, who appears to be a fair and unbiased authority, may
be adopted if the words "New Englanders" are limited to Massachu-

1 Collections Massachusetts Historical Society, vol. v, 2(1 ser., p. 469.

2 Hubbard, General History, chap. 52.

THOMAS] Massachusetts' policy towarh the ixdians 609

setts: "Whatever ruay bave been the failings of the Puritau settlers,
they cannot be cbarged with wanton and imrjioseless cruelty. Greed
in despoiling the natives of their laud, unreasonable and unjust sus-
picion in anticipating attacks, harshness in punishing them, of none of
these can we acquit the New Englanders."

As the province of Maine was abandoned by (Gorges in 1651, and by
consent of the people taken under control of Massachusetts in 1052
and made a part of that colony by the new charter of 1091, a brief
reference to some dealings with the Indians in regard to the lands of
that province is made here.

The following items are from the Collections and Proceedings of the
Maine Historical Society.

In a letter by Governor Shuts to the Lords Commissioners for Trade
and Plantations, March 13, 1721, it is stated that —

Those lands which the French Government tails the Indiana' land, are lands which
the English have long since purchased of the Indians, and have good deeds to
produce lor the same, and have also erected some Forts thereupon. And that the
said lands have been at several gen', meetings of the Indians and English confirmed
to them, and once since my being Governnur of these Provinces; as will appear by
the Inclosed treaty of the 19"' August 1717.

In another letter to Marques de Vaudreil (1722) he says: "Arowsick
is a small island at the mouth of one of our chief rivers,. purchased by
good deeds from the natives near seventy years agone, and settled
with a good English village about fifty years since." The following
important item relating to one point in the method of treating with the
Indians in this eastern province is also contained in the same letter:
"iSTow it is notovious that, at all times when this government acceirted
the submission of, or treated with these eastern Indians, their delegates
or some of their chiefs were present and produced their ])0wers or cre-
dentials from the tribe."

In a letter from Governor Dummer to the same party it is stated that
<'the Penobscot Indians, 2forridgewalk Indians, and many other tribes
Lad in the year 1093 at a treaty of Sir ^Villiani Phipps governor of
this Province, not only submitted themselves as subjects to the crown
of England, but also renounced the French interest and quitted claim
to the lands Ijought and possessed by the English."

In volume iv, second -series, page 303, of the collections cited occurs
this reuKtrk: "Levett's probity was as marked as his sagacity, and
instead of seizing upon the land by virtue of his English patent, he pro-
cured from Cogawesco, the sagamore of Casco, and his wife, permission
to occupy it, recognizing them as inhabitants of the country, and as
having 'a natural right of inheritance therein.' This is in marked
contrast to most other patentees of lands in New England."

These items, to which others of similar import might be added, indi-
cate a just policy in regard to that part of tbe territory which came
under the authority of Massachusetts. They are sufiicieut to show

610 INDIAN LAND CESSIONS IN THE UNITED STATES [etii.axn. 18

that the people of this district recoguized the Indian title of occupancy
and respected it.

It seems that after the close of Puritan control and the grant of the
new charter, the authorities gradually drifted into the theory and i)olicy
held by most of the other colonies and adopted subsequently by the
United States. Brief reference to some items indicating this fact is all
that is necessary here.

Ill the plan of a proposed union of the several colonies, drawn up in
1751, in which Massachusetts took part, is the following section:

That the President-General, with the Grand Council, summoned and assembled for
that purpose, or a quorum of them as aforesaid, shall hold and direct all Indian
treaties, in which the general interest or welfare of these colonies may be concerned;
and make peace or declare war with Indian nations; that they make such rules and
orders, with pains and punishments annexed thereto, as they judge necessary, for reg-
ulating all Indian trade; that they direct and order the ways and means, necessary
and beneficial to support and maintain the safety and interests of these colonies,
against all their common enemies; that they make all purchases from Indians, for
the Crown, of lands not now within the bounds of particular colonies, or that shall
not he within their bounds, when the extension of some of them are rendered more
certain.'

Here is a clear recognition of the Indian title and the necessity for
extinguishing it by irarchase.

In 1758 the following act was passed by the governor, council, and
house of representatives:

That there be three nroper persons appointed for the future by this Court, near to
every Indian jdantatiou in this province, guardians to tbe said Indians in their
respective jdantations, who are hereby empowered from and after the twenty-third day
of June, A. D. 1758, to take into their hands the said Indians' lands, and allot to the
several Indians of the several plantations, such parts of the said lauds and meadows
as shall be siifflcient for their particular improvement from time to time, during the
continuance of this act; and the remainder, if any there be, shall be let out by the
guardians of the said respective plantations, to suitable persons, for a term not
exceeding the continuance of this act; and such part of the income thereof as is
necessary, shall be applied for the support of such of the i)roprietors in their respec-
tive plantations as may be sick or unable to support themselves; and the surplusage
thereof, if any there be, distributed amongst them according to their respective
rights or interest, for providing necessaries for themselves and families, and for the
payment of their just debts, at the descretion of their said guardians: and that the
respective guardians aforesaid be hereby empowered and enabled, in their own names,
and in their capacities as" guardians, to bring forward and maintain any action or
actions for any trespass or trespasses that may be committed ou the sai<l Indian land;
and that auy liberty or pretended liberty obtained from any Indian or Indians for
cutting off any timber wood, or h.ay, milking pine trees, carrying off any ore or
grain, or planting or improving said lands, shall not be any bar to said guardians in
their said action or actions: I'lovhhd, That nothing in this act shall be uiulerstood
to bar any person or persons from letting creatures run u])on the said Indians' unim-
proved lands that lie common and contiguous to other towns or proprietors.

And he i I further enacted, That from and after the twenty-third day of June afore-
said, no Indian or Indians shall sell or lease out to any other Indian or Indians any of
his or her lands without the consent of the guardians, or a major part of the guardians

1 Massachusetts Histiirical Society Collections, vol. vii (1801), p. 205.

THOMAS] CONXECTICUT's policy toward the INDIAN'S 611

of till' Indians of the plantation wlnnx'iu sui-h lamls do Wv; and all sales or leases
oi' land for an\' term or terms of years that shall at any time hereafter during the
continuance of this act, be made by any Indian or Indians to any other Indian or
Indians, shall be ntterly void and of none effect, unless the same be made by and
with license of the respective guardians as aforesaid.'

In 1780 tin act was passed appointing commissioners to examine all
sales of lands previonslj' made by any of the Indians of the Molieaknn-
uuk tribe residing- in Stockbridge which had not been legtilly conlirnied,
and to confirm those for which payment had justly been made.

Another act was passed confirming the agreement with the Penobscot
Indians, by which said Indians released their tdaims to all lands on
the west side of Penobscot river, "from tlie head of the tide np to the
river Pasquateqnis being about forty-three miles; and all their claims
and interest on the east side of the river from the head of the tide
aforesaid np to the river Mantawondceektook being about eighty-five
miles, reserving only to themselves the island on whicii the old town
stands and those islands on whicli they now have actual improvement."

As the records show purchases of bnt a comparatively small ])ortion
of the territory of the state, and no assertions are found in any of the
numerous histories that the lands, except in the bounds of Plymouth
colony, were generally purchased, the reasonable inference is that they
were not, or at least that a large portion of them was otherwise obtained.
This conclusion apj)ears to be confirmed by statements which have been
quoted above. That Massacliusetts made an earnest elibrt to christian-
ize the Indians is certainly true, but it must be admitted that the treat-
ment of tiiese natives by the Puritans of Massachusetts Bay in regard
to their lands will not compare in the sense of justice, equity, and
humanity with the policy of Connecticut, Rhode Island, or Pennsyl-
vania.

CONNECTICUT

The ijolicy of the settlers of Connecticut in their dealings with the
natives regarding their lands forms one of the brightest chapters, in
this respect, of the early history of our country. It is perhaps not
without justification that the author of one of the histories of the state^
makes the following statement:

The planters of Connecticut proved by their conduct that they did not seek to
obtain ijndne advantage over the Indians. Even the Pequod war was not under-
taken for the purpose of increasing their territory, but only in self-defense; for thej^
did not need their lauilB. nor did they use them for a considerable time. If they had
wished for them, they would have preferred to pay several times their value. They
allowed the other tribes all the land they claimed after the destruction of the
Pequods, and took none without paying a satisfactory price. Indeed, iu most cases
they bought the land in large tracts, and afterward jiaid for it again in smiiller
ones, when they wished to occupy it. In some instances, they thus purchased land
thrice, and, with the repeated presents made to the sachems, the sums they spent

iLaWBof Colonial and State GovernraeutB Relating to Indian Affairs (1832), p. 16.
'Theodore Dwight, .jr., The History of Connecticut from the First Settlement to the Present Time
(1841), p. S9.

612 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

were very large. It was ailmittecl l>y good judges at the time, tbat they paid more
than the land was worth. even alter the improvements were made; and large estates
were expended by some of the settlers iu buying land at such prices as should pre-
vent any dissatisfaction among the natives. At the same time, they allowed them
the right of hunting and fishing on the ground they had sold, as freely as the Eng-
lish, and to dwell and cut wood on it for more than a century ; and required the
towns, by law, to reserve proper tracts for the ludians to cultivate. Laws were
made to protect them from injury and Insult.

As it is apparent from this statement, wliich is in accord with the
earlier histories and original documents so far as preserved, that the
attempt to unravel the various purchases would be an almost hopeless
undertaking, no etfort to do this will -be made here. All that is neces-
sary to the object of this article is that suflQcient data be presented to
show clearly the policy adopted and the practical treatment of the
Indians by the colonists in regard to their lands.

The first attempt on the part of the people of Plymouth colony to
settle Connecticut was made iu 1633 by William Holmes, who fixed
upon the site of the present city of Windsor, but no buildings were
erected or permanent settlement made until the ground had been pur-
chased from the Indians. The extent of this purcha.se is not given.
The title, however, was not obtained from the Pequods, who had driven
the original owners from the territory and claimed it by con(iuest.
Holmes, probably aware of this fact, brought back the original owners,
and, having placed them again iu possession, purchased of them the
lands he wished to obtain. This proceeding on his part greatly incensed
the Pequods and was one of the comi^laints on which they based their
subsequent war against the colonists.

About the same time, or perhaps a little prior to the date that
Holmes fixed his trading post at Windsor, the Dutch of New York
made a purchase from Nepuquash, a Pequod sachem, of 20 acres at
Hartford.

Macauley' says that, according to the author of "The Kew Nether-
lands," printed in Amsterdam in 1651, the Dutch, in 1632, purchased
from the natives the lands on both sides of Connecticut river. How-
ever, as they failed to establish their claim to this region as against
the English, their purchases were disregarded by the latter.

In order that a somewhat clearer idea may be given of the subsequent
purchases mentioned, Trumbull's statement^ in regard to the location
of the different tribes of Connecticut at this early day is quoted:

From the accounts given of the Connecticut Indians, they cannot be estimated at
less than twelve or sixteen thousand. They might possibly amount to twenty.
They could muster, at least, three or four thousand warriors. It was supposed, in
1633, that the river Indians only could bring this number into the field. These were
principally included within the ancient limits of Windsor, Hartford, Weathersfield,
anil Middletown. Within the town of Windsor only, there were ten distinct tribes,
or sovereignties. About the year 1670, their bowmen were reckoned at two thousand.

■History of Xc-w York (1829), vol. u, p. 304.
2 History of Counecticut (1818), vol. i, pp. 40-43.

THOMAS] Connecticut's policy toward the Indians fil3

At that time, it was the general opinion, that there were nineteen Indians, in that
town, to one Englishman. There was a great body of them in the centerof the town.
They had a large fort a little north of the plat on which the first meeting-house was
erected. On the east side of the river, on the ujipir branches of the Poduuk, they
were very numerous. There were also a great number in Hartford. Besides those
on the west side of the river, there was a distinct tribe in East-Hartford. These
were principally situated upon the Podunk, from the northern boundary of Hart-
ford to its mouth, where it empties into Connecticut river. Totanimo, their first
sachem with whom the English had any acquaintance, commanded two hundred
howmen. These were called the Podunk Indians.

At Mattabesick, now Jliddletown, was the great sachem Sowheag. His fort, or
castle, was on the high ground, facing the river, and the adjacent country , on both sides
of the river, was his sachemdom. This was extensive, comprehending the ancient
boundaries of Weathersfield, then called Pyi^uaug, as well as Middletown. Seiiuiu
was sagamore at Pyquaug, under Sowheag, when the English began their settle-
ments. On the east side of the river, in the tract since called Chatham, was a con-
siderable clan, called the Wougiing Indians. At Machemoodus, now called East-
Haddam, was a numerous tribe, famous for their pawaws, ;ind worshijijjing of evil
spirits. South of these, in the easternmost part of Lyme, were the western Nehan-
tlcks. These were confederate with the Pei[Uots. South and east of them, from
Connecticut river to the eastern boundary line of the colony, and north-east or north,
to its northern boundary line, lay the Pequot and Moheagan country. This tract
was nearly thirty miles S([Uare, including the counties of New-London, \\'indham,
and the principal part of the county of Tolland.

Historians have treated of the Peijuots and Jloheagans, as two distinct tribes, and
have described the Pefjuot country as lying principally within the three towns of
New-London, Grotou, and .Stonington. All the tract above this, as far north and
east as has been described, they have represented as the Moheagan country. Most
of the towns' in this tract, if not all of them, hold their lands by virtue of deeds
from Uncas, or his successors, the Moheagan sachems. It is, however, much to he
doubted, whether the Moheagans were a distinct nation from the Pequots. They
appear to have been a part of the same nation, named from the place of their
situation. ...

The Pequots were, by far, the most warlike nation in Connecticut, or even iu New-
England. The tradition is, that they were, originally, an inland tribe, but, by their
prowess, came down and settled themselves, in that fiue country along the seacoast,
from Nehantick to Narragauset bay. . . . The chief seat of these Indians, was at
New-London and Groton. New-London was their principal harbor, and called Pequot
harbor. They had another small harbor at the mouth of Mystic river. Their
principal fort was on a commanding and most beautiful eminence, in the town of
Groton, a few miles south-easterly from fort Griswold. It commanded one of the
finest prospects of the sound and the adjacent country, which is to be found upon the
coast. This was the royal fortress, where the chief sachem had his residence. He
had another fort near Mystic river, a few miles to the eastward of this, called Mystic
fort. This vis also erected upon a beautiful hill, or eminence, gradually descend-
ing towards the south and south-east. . . .

West of Connecticut river and the towns upon it, there were not only scattering
families in almost every part, but, in several places, great bodies of Indians. At
Simsbury and New-Hartford they were numerous; and upou those fine meadows,
formed by the meanders of the little river, at Tunsis, now Farmington, and the
lands adjacent, was another very large clan. There was a small tribe at Guilford,
under the sachem squaw, or queen, of Menunkatuck. At Branfurd and East-Haven
there was another. They had a famous burying ground at East-Haven, which they
visited and kept up, with much ceremony, for many years after the settlement of
New-Haven.

G14 INDIAN LAND CESSIONS IN THE UNITED STATES [kth.ann. 18

At Milford, Derby, Stratfrn-d, Nurwalk, Stamford, and Greenwich, their iiumliers
were formidable.

At Milford, the Indian name of which was Wopowage, there were great numbers;
not only in the center of the town, but south of it, at Milford point. . . . They
had a strong fortress, with llankers at the four corners, about half a mile north of
.Stratford ferry. This was built as a defense again.st the Mohawlis. At Turkey
hill, in the north-west part of Milford, there was another largo settlement.

In Derby, there were two large clans. There was one at I'angusset. This clan
erected a .strong fort against tlie Moha wlcs, situated on the bank of the river, nearly
a mile above Derby ferry. At the falls of Naugatuck river, four or live miles above,
was another tribe.

At .Stratford, the Iudian.s were equally, if not more numerous. In that part of
the town only, which is comprised within the limits of Huntington, their warrior.s,
after the English had knowledge of them, were estimated at three hundred; and,
before this time, thej' had been much wasted by the Mohawks.

The Indians at Stamford a^id Greenwich, and in that vicinity, probably, were not
inferior in nmnbers to those at Stratford. There were two or three tribes of Indians
in Stamford, when the English began the settlement of the town. In Norwalk were
two petty sachemdoms; so that within these towns, there was a large and dangerous
body of savages. These, with the natives between them and Hudson's river, gave
extreme trouble to the Dutch. The Norwalk and Stamford Indians gave great
alarm, and occasioned much expense to the English, after they made settlements in
that part of the colony.

In the town of Woodbury there were also great numbers of Indians. The most
numerous body of them was in that part of the town since named South Britain. . . .

On the northeasterly and northern part of the colony were the Nlpmuclc Indians.
Their princijial seat was about the great jionds in Oxford, in Massachusetts, but
their territory extended southward into Connecticut, more than twenty miles. This
was called the Wabbequasset and Whetstone country ; and sometimes, the Moheagan
con(juered country, as Unoas had conquered and added it to his sachemdom.

On the 24tli of November, 1638, Theophilus Eatou, Mr Davenport,
and other English planters entered into the following agreement with
Momaugnin, sachem of Quiniiipiack : '

That Momauguin is the sole sachem of Quinnipiack, and had an alisoluto power to
aliene and dispo.se of the 8,ame : That, in consequence of the protection which he had
tasted, bj' the English, from the Pequots and Mohawks, he yielded up all his right,
title, and interest to all the land, rivers, ponds, and trees, with all the liberties and
appurtenances belonging to the same, unto Theophilus Eaton, .lohn Davenport, and
others, their heirs and assigns, forever. He covenanted, that neither he, nor his
Indians, would terrify, nor disturb the English, nor injurt' them in any of their
interests; but that, in every respect, they would keep true faith with tliem.

The English covenanted to protect Momauguin and his Indians, when unreasonably
assaulted and terrified by other Indians; and that they should always have a suffi-
cient quantity of land to plant on, upon the east side of the harbour, between that
and Say brook fort. They also covenanted, that by way of free and thankful retribu-
tion, they gave unto the said sachem, and his council and company, twelve coats of
English cloth, twelve alchymy spoons, twelve hatchets, twelve hoes, two dozen of
knives, twelve porringers, and four cases of French knives and scissors.

In December following tliey pnrchased of Montowese another large
tract which lay principally north of the former. This tract was 10
miles in length north and south, aud 13 in breadth. It extended 8

■ Trumbull, History of Couuecticut, vol. i, ])p. 98, 911.

THOMAS] Connecticut's policy toward the Indians (!15

miles east of Quiniiipi;ik river and ."> miles west of it, and lucluded
all the lands in tlie ancient limits of the old towns of Xew Haven,
Branford, and Wallingford, " and almost the whole contained in the
liresent [ISIS] limits of those towns and of the towns of East-Haven,
Woodbridge, Cheshire, Hamden, and Xorth-Haven " '

Wopowage and 3Ienunkatuck (Milford and Guilford) were purchased
in 1G39. These lands, as also those in Xew Haven, were purchased by
the principal men, in trust, for all the inhabitants of the respective
towns. Every planter, after paying his proportionate part of the
expenses, drew a lot, or lots of laud in proportion to the amount he had
expended in the general purchase. Most of the i^rincipal settlers were
from Weathersfield. "They first purchased of the Indians all that
tract which lies between Xew Haven and Stratford river, and between
the sound on the south and a stream line between Milford and Derby.
This tract comprised all the lands within the old town of Milford and a
small part of the town of Woodbridge. The planters made other pur-
chases which included a large tract on the west side of Stratford river,
principally in the town of Huntington."

The purchasers of Guilford required the Indians to move off the lands
they had obtained from them; which agreement they carried out in
good faith.

Mr Ludlow and others who settled Fairfield jjurchased a large tract
of the natives.

" Settlements," says Trumbull, '■ commenced the same year at Cupheag
and Pughquonnuck, since named Stratford. That part which contains
the town plat, and lies upon the river, was called Cupheag, and the
western part bordering upon Fairfield Pughquonnuck." He says the
whole townshii) was purchased of the natives, but at first Cupheag and
Pughquonnuck only, the purchase of the township not being comx)leted
until 1072.

The following general statement by the same authority- indicates
very clearly the just and humane policy of the settlers of this colony:

After the conquest of the Pequots, in consequence of the covenant made with
Uuc;is. in 1638. and the f;ift of a hundred Peciuots to him, he hecame important. A
considerahle number of Indians collected to him, so that he became one of the prin-
cipal sachems in .Connecticut, and even in New-England. At some times he was
able to raise four or five hundred warriors. As the Pequots were now conquered,
and as he assisted in the conquest, and was a Pequot himself, he laid claim to all
that extensive tract called the Moheagan or Pequot country. Indeed, it seems ho
claimed, and was allowed to sell some part of that tract which was the principal seat
of the Pequots. The sachems in other parts of Connecticut, who had been conquered
by the Pequots, and made their allies, or tributaries, considered themselves, by the
coiKjnest of this haughty nation, as restored to their former rights. They claimed
to be independent sovereigns, and to have a title to all the lands which they had at
any time before ijossessed. The planters therefore, to show their justice to the
heathen, and to maintain the peace of the country, from time to time, purchased of
the respective sachems and their Indians, all the lands which they settled, excepting

' Tniinbull. History of Connecticut, vol. I, , p. 99. ^ Vol. I, pp. 116, 117.

IS ETH, PT 2 7

G16 INDIAN LAND CESSIONS IN THE UNITED STATES [etii.ann. 18

the towns of New-Lomlon, Groton, and Stouington, whicli were considered as the
peculiar seat of the Pequot nation. The inhabitants of Windsor, Hartford, and
"Weatherstiehl, cither at the time of their settlement or soon after, bought all those
extensive tracts, which they settled, of tho native, original proprietors of the coun-
try. Indeed, Connecticut planters generally made repeated purchases of their lands.
The colony not only l>oui;ht the Moheagan country of Uncas, but afterwards all the
particular towns w-ere purchased again, either of him or his successors, when the
settlements in them commenced. Besides, the colony was often obliged to renew
its leagues with Uncas and his successors, tho Moheagan sachems ; and to make new
jiresents and take new deeds, to keep friendship with tlie Indians and preserve the
jicace of the country. The colouy was obliged to defend Uncas from his <-nemies,
which was an occasion of no small trouble and expense. The laws obliged the
inhabitants of the several towns to reserve uuto the natives a sufficient quantity of
planting ground. They were allowed to hunt and fish upon all the lands no less
than the English.

He also mentious in the same connectiou the following purchases:

Connecticut made presents to Uncas, the Moheagan sachem, to his satisfaction,
and on the 1st of September, 1(540, obtained of him a clear and ample deed of all his
lands in Connecticut, except the lands which were then planted. These he reserved
for himself and the Moheag.ins.

The same year, Governor Haynes, in behalf of Hartford, made a purchase of Tunxis,
including the towns of Farmiugton and Southingtou, and extending westward as
far as the Mohawk country.

The people of Connecticut, about the same time, ]iurchased Waranoke and soon
began a plantation there, since called AVestficld. Governor Hopkins erected a trad-
ing house and had a considerable interest in the plantation.

Mr. Ludlow made a purchase of the eastern part of Norwalk, between Saugatuck
and Norwalk rivers. Captain Patrick bought the middle part of the town. A few
faniiles seemed to have planted themselves in the town about the time of these pur-
chases, but it was not properly settled until about the year 1651. The planters then
nuide a purchase of the western part of the town.

About the same time Robert Feaks and Daniel Patrick bought Greenwich. The
purchase was made in behalf of New-Haven, but through the intrigue of the Dutch
governor, and the treachery of the purchasers, the first inhabitants revolted to the
Dutch. They were incorporated and vested with town privileges by Peter Stuyve-
sant, governor of New-Netherlands. The inhabitants were driven off by the Indians,
in their war with the Dutch ; and made no great progress in the settlement until
after Connecticut obtained the charter, and they were taken under tho jurisdiction
of this colony.

Cai>tain Howe and other Englishmen, in behalf of Connecticut, purchased a large
tract of the Indians, the original proprietors, on Long-l.sland. This tract extended
from the eastern part of Oyster bay to the western part of Howe's or Holmes's bay
to the middle of the great plain. It lay on the northern part of the island and
extended southward about half its breadth. Settlements ivere immediately begun
upon the lands, and by the year 1642, had made considerable advancement.

New-Haven made a purchase of all the lands at Pippowams. This purchase was
made of Ponus and Toquamske, the two sachems of that tract, which contained the
whole town of Stamford. A reservation of planting ground was made for the
Indians. (The purchase was made by Captain Nathaniel Turner, agent for New-
Haven. It cost about thirty pounds sterling.)

In 1040 laws were enacted by both Connecticut and New Haven pro-
hibiting all purchases from the Indians by private persons or companies
•without the consent of their respective general courts. These were to
authorize and direct the manner of every purchase.

THOMAS] Connecticut's policy toward the Indians 617

The Pequots baviug petitioned the Englisb. to talie them under their
protection, tliis request was granted in 1655. Places of residence were
appointed for them by the general court of Connecticut "about Paw-
catuck and Mystic rivers,'" and they were allowed to hunt on the lands
west of the latter. They were collei-ted in these two places and an
"Indian governor" appointed over them in each place. General laws
were also made for their government.

In June, 1659, Uncas, with his two sons, Owaneco and Attawanhood,
by a formal and authentic deed, made over to LeflQngwell, Mason, and
others (35 in all) "the whole township of Norwich, which is about 9
miles square." '

Other purchases were made, of which the following may be mentioned :

A township of land called "Thirty miles island," at or near East
Had dam.

Massacoe or Symsbury.

Lauds adjoining or near ]\[ilford were purchased of the sagamores
Wetanamow, Easkenute, and Okenuck, between 1657 and 1671.

The purchase from the Mohegans of a large tract, including most of
the Pequod country. This tract, however, was claimed by Mason and
his associates. A long and expensive controversy ensued, but after
several years had passed in contesting the adverse claims, judgment
was finally rendered in favor of the colony. The bounds of this tract
are given as follows: "Commencing on the south at a large rock in
Connecticut river, near Eight mile island, in the bounds of Lyme, east-
ward through Lyme, New London, and Groton to Aliyo-snp suck, a
pond in the northeast part of Stonington; on the east, from this pond
northward to Mahman-suck, another pond; thence to Egunksanka-
pong. Whetstone hills; from thence to Man-hum-squeeg, the Whetstone
country. From this boundary the line ran a few miles to Acquiunk, the
upper falls in Quiunibaug river. Thence the line ran a little north of
west, through Pomfert, Ashford, Willington, and Tolland to Mosheuup-
suck, the notch of the mountain, now known to be the notch in Bolton
mountain. From thence the line ran southerly through Bolton, Hebron,
and East Haddam" to the place of beginning.

It appears that the colonists, by repeated purchases and "ample
deeds," had already obtained title to most of this land, but to prevent
trouble and to satisfy the Mohegans, they ottered the latter a further
sum of money, which was accepted as a full, complete, and satisfactory
payment. In addition to this the colonists reserved for the Indians
between 4,000 and 5,000 acres of land between New London and Nor-
wich, and granted them the privilege of hunting and fishing every-
where, and of building wigwams and cutting wood in all uninclosed
lands.

It appears from the " East Hampton Book of Laws " ^ that the people

' Tnimljiill, History of Counecticut., vol. I, p. 236. ^Xew York Historical Collections, vol. I.

618 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

of tbis settlement made a rule, about 1663, against private purchases
of laud fi'om Indians —

No purchase of lauds from the Indians after the tirst day of March 16G4 shall he
esteemed a good title without leave lirst had and obtained from thf Goveruour, and
after leave so obtained, the purchasers shall bring the Sathem and right owner of
such lands before the Goveruour to acknowledge satisfaction and payment for the
said lands, whereupon thej' shall have a grant from the Goveruour aud the purchase
so made aud prosecuted is to he entered upon record in the ofdce and from that time
to be valid to all intents and purposes.

Had the colonists but added the Canadian (English) custom of requir-
ing the members of the tribe or tribes to name the sachems or men
authorized to make the sale, the plan would have been about as nearly
perfect as the case would have admitted of at that time.

In 1708 John Belden and others purchased a large tract between
Xorwalk and Danbury.

These examples are snfficient to show the policy adopted by the
settlers of Connecticut in dealing with the Indians for their lands and
their practical methods in this respect. It is clear that they conceded
the right of possession to be in the natives, aud that a just and humane
policy required them to purchase this possession before they converted
the lands to their own use. Although purchases were made at first by
individuals or compauies, these were in most cases for or on behalf of
settlements and not for the sole benefit and advantage of the person
making the purchase. To what extent and in what manner these
early purchases were confirmed by comi)etent authority is not entirely
clear. It is presumed, however, from the fact that laws were passed
by both Connecticut and New Haven (IGIO), before their union, pro-
hibiting purchases without the consent of their general courts, that
abuses had occurred from this loose method.

The following act "concerning purchases of native rights to land"'
was passed in May, 1717:

That all Lands in this Government are Holden of the King of Great Britain, as
Lord of the Fee : And that no Title to any Lands in this Colony can accrew by any
purchase made of Indians, on Pretence of their being Native Proprietors thereof
without the Allowance, or Approbation of this Assembly.

And it is lieivbjj Hesuli-id. That no Conveyance of Native Right, or Indian Title
without the Allowance, or approbation of this Assembly aforesaid, shall be given
in Evidence of any Man's Title, or Pleadable in any Court.'

Another act of the same tenor, entitled "An Act for preventing
Trespass ou the Lauds of this Colony, by Illegal Purchase thereof from
the Indians," was passed October 11, 1721', as follows:

That whosoever shall presume to purchase any Lands within the Bounds of this
Colon}-, of any Ivdianu whatsoever, without the Leave of this Assembly hereafter
first had, and obtained, under colour, or pretence of such Indians being the Propri-
etors of said Lands bj' a Native Right; or shall having Purchased of any Indians
Lands in such manner, without Leave of this Assembly afterwards tirst had, or the

' Statutes of Connecticut (1750), p. 110.

THOMAS] RHODE island's POLICY TOWARD THE INDIANS G19

Confirmation of this Assembly afterwards obtained, presume to make any Sale of,
or any Settlements upon any Lauds so Purcbased, every I'erson who shall in any
such Manner Transgress, and be thereof Convicted in the County Court, or in the
Superior Court of that County where such Lands shall lye, shall incur the Penalty
of Fifty Pouiulx to the Treasury of this Colony.

And whatsoever Person, or Persons shall suft'er auy Wrong by means of sucli Sale
or Settlement, as aforesaid, shall Recover iu cither of the said Courts, upon Proof
of such Wrong, by him suffered, Treble Damages against the Person, or Persons so
Wronging of him.'

A few years later (1750'?) even more sti'ingent provisions were enacted
against unauthorized purcliases from Indians, namely —

Sec. 10. And he it further enacted, That no person or i)ersous iu this State, whether
inhabitants or other, shall buy, hire or receive a gift or mortgage of any parcel of
land or lands of any Indian, for the future, except he or they do buy or receive the
same for the use of the State, or for some plantation or village, and with the allow-
ance of the General Assembly of this State.

Six. 11. And if any person or jiersons shall purchase or receive auy lands of auy
Indian or Indians, contrary to the intent of this act, the jicrson or persons so offend-
ing, shall forfeit to the public treasury of this State the treble value of the lands so
pnrch.ased or received; and no interest or estate in any lands in this State shall
accrue to any such jiersou or persons, by force or virtue of such illegal bargain,
purchase, or receipt.

Sec. 12. It is further enacted. That when, and so often as any suit shall be
brought by auy Indian or Indians, for the recovery of lands reserved by the Indians
for themselves, or sequestered for the use and benefit of the Indians, by order of
this Assembly, or by atiy town, agreeable to the laws of this State, that the defend-
eut or tenant shall not be admitted io plead iu his defence his possession, or any
way take benefit of the law; entitled "An Act for the i|nieting men's estates, and
avoidiug of suits," made May the eighteenth, one thousand six hundred and
eighty-four.-

RHODE ISLAND

When, iu the spring of 1636, Roger Williams and his twelve compan-
ions, sad, weary, and hungry, succeeded in passing beyond the boundary
of the Plymouth colony, they found themselves in the country of the
Narragausett Indians. Here the simple story of their unhappy condi-
tion excited the pity of Oanonicus, chief of the tribe, who granted
them " all that neck of land lying between the mouths of Pawtucket
and Moshasuck rivers, that they might sit down in peace upon it and
enjoy it forever." Here, as Williams observed to his companions,
"The Providence of God had found out a place for them among savages,
where they might peaceably worshii) God according to their con-
sciences; a privilege which had been denied them in all the Christian
countries thej' had ever been in.''

As Williams denied the right of the King to the lands, but believed
it to be in the Indian occupants, and that the proper course to obtain
it was by just and honorable purchase from them, the policy adojited
was one of justice and equity.

It appears from certain statements iu the "Confirmatory deed of

'Statutes of Connecticnt (1750), p. 114.

'Laws of Colouial aDd State Governments (18:^2}, pp. 50-51.

G20 INDIAN LAND CESSIONS IN THE UNITED STATES [eth. axn. 18

Eoger Williams and his wife'" to his associates, December 20, 1638,
that he had arranged for jnirchase of lands from the Indians one or
two years in advance of his arrival in the territory. As an examina-
tion of this deed is necessary to a clear understanding of Williams'
first steps in this direction, it is given here:

lie it known unto all men l)y these presents, that I, Roger Williams, of the Towne
of Providence, in the Narragansett Bay, in New England, having in the yeare oae
thousand sis hundred and thirty-foure, and in the yeare one thousand six hundred
and thirty-five, had severall treaties with Conauicusse and Miautonome, the chief
sachems of the Narragansi-tts, and in the end purchased of them the lands and
meadows upon the two Afresh rivers called Jlooshassick and AVauasquatucket; the
two said sachems having by a deed under their hands two yeares after the sale
thereof established and conffirmed the boundes of these landes from the river and
tfields of Pawtuckqut and the great hill of Neotacoucouitt on the northwest, and
the towne of JIashapauge on the west, notwithstanding I had the frequent promise
of Jliantenomy my kind friend, that it should not be laud that I should want about
these hounds mentioned, provided that I satisfied the Indians there inhabiting, I
having made covenantes of peaceable neighborhood with all the sachems and natives
round about us. And having in a sense of God's mercifull providence unto me in my
distresse, called the place Providence, I desired it might be for a shelter for persons
distressed of conscience; I then, considering the condition of divers of my dis-
tressed countrymen, I communicated my said purchase unto my loving (friends John
Throckmorton, William Arnold, William Harris, Stukely Westcott, John Greene,
senior, Thomas Oluey, senior, Richard Waterman and others who then desired to
take shelter here with uie, and in succession unto so many others as we should
receive into the fellowship and societye enjoying and disposing of the said purcli.ise;
and besides the ftirst that were admitted, our towne records declare that afterwards
■wee received Chad Brown, William ti'eild, Thomas Harris, sen'r, William Wickenden,
Robert Williams, Gregory Dexter and others, as our towne booke declares. And
whereas, by God's mercifull assistance, I was the procurer of the purchase, not hy
monies nor jiayment, the natives being so shy and jealous, that monies could not doe
it; but by that language, acquaintance, and favour with the natives and other
advantages which it pleased God to give me, and also bore the charges and venture
of all the gratuetyes which I gave to the great sachems, and other sachems and
natives round and about us, and lay ingaged for a loving and peaceable neighbour-
hood with them all to my great charge and travell. It was. therefore, thought by
someloveingftrieuds, that I should receivesome loving consideration and gratuitye;
and it was agreed between us, that every person that should be admitted into the
tfellowship of injoyiug landes and disposing of the purchase, should pay thirtye
shillinges into the public stock; andflirst about thirtye poundes should be paid unto
myselfe by thirty shillings a person, as they were admitted. This sum 1 received in
love to my ffriends; and with respect to a towne and place of succor for the dis-
tressed as aforesaid, I doe acknowledge the said sum and payment as ffull satisftac-
tion. And whereas in the yeiir one thousand six hundred and thirtye seaven, so
called, I delivered the deed subscribed by tlie two aforesaid chiefe sachems, so much
thereof as concerneth the aforementioned landes ffrom myselfe and my heirs unto
the whole number of the purchasers, with all my poweres right and title therein,
reserving only unto myselfe one single share equall unto any of the rest of that
number, I now ag.aine in ii more fl'ormal way, under my hand and seal, confflrm my
fformer resignation of that deed of the landes aforesaid, and bind myselfe, my heirs,
my executors, my administrators and assignes never to molest any of the said per-
sons already received or hereafter to be received into the societye of iiurchasers as
aforesaid, but they, theire heires, executors, administrators .and assignes, shall at all
times quietly and peaceably injoy the premises and every part thereof.'

' Ehode Island Colonial liecords, vol. i, pp. 22-24.

THOMAS] RHODE island's POLICY TOWARD THE INDIANS 621

The coufirmation by Canonicus and Miantonomi, March 24, 1037, is
as follows :

At Nanhiggansick, tlie 2-ttli of the first moiitb, commonly called March, in y« sec-
ond yearo of our plantation or planting at Mooshausiek or Providence.

Memorandum, that we Cannaunicus and Miautunomi, the two chief sachems of
Nanhiggansick, haying two yeares since sold vnto Roger AVilliams, y lands and
meadowes vpon the two fre-^h rivers, called Mooshausiek and Wanas(iutucket, doe
now by these presents, establish and confirme y« bounds of those lands, from y"
river and fields at Pantiickcxut, y great hill of Notquonckanet, on y northwest, and
the town of Manshapogne on y west.

As also, in consideration of the many kindnesses and services he hath continually
done for us, both with our friends at Massachusetts, as also at Qninickicutt and
Ajiaum or Plymouth, we doe freely give unto him all that laud from those rivers
reaching to Pawtnxet river; as also the grass ami meadowes upon y said Pawtuxet
river. '

It was a fortnuate circumstance for this feeble colony that Canonicus'
was chief sachem of the district when the wanderers reached it, and
that his life was spared to old age. Truly did he say, "I have never
suffered any wrong to be offered to the English since they landed ; nor
never will."' Winthrop and Williams recognized the fact that during
the latter part of his life he kept the peace of ifew England. He alone
of the several Xew England sachems seemed to comprehend the fact
that a new age was coming in; that there was a power behind the few
English settlers which would conquer in the end. Philip may have
seen the danger which threatened his race, but had not the sagacity
to adopt the course best for his people. His chief object was revenge,
and all his energies were bent to this end, regardless of the result,
which a shrewder chief would have foreseen. In some resi^ects Canoni-
cus showed greater foresight than Williams. But it is unnecessary to
extend these remarks, which have been made simply to emphasize the
fact that the policy and peace of the colony was due to these two per-
sons. It may be added here, however, that Williams' enthusiasm and
confidence in his own integrity caused him to anticipate results that
were not to be obtained, and made him, in his latter years, look upon
the Indians with far less favor than when he first made his home among
them.

Subsequently to the first deed above mentioned, Williams purchased
the principal i)art of the county of Providence, Of the deeds of pur-
chase of laud from the Indians in the colony, the following may be cited
as examples :

Deed from Ousamcquin {Massasolt). 1646.

This testifyeth, that I Ousameqnin chiefe Sachem of Paukanawket, for and in
consideration of full satisfaction in wampum, cloth and other commodities received
at present; doe give, grant, sell and make over unto Roger Williams and Gregory
Dexter, inhabitants of Providence, together with all those inhabitants of Providence
that hath or shall joyue in this purchase, with all my right and interest of all that
parcell or tract of land which lies betweene Pawtuckqut and Loqusquscit, with all
the meadowes, trees and appurtenances thereof, and after the . . .

'Rhode Island Colonial Records, vol. I, p. 18.

622 INDIAN LAND CESSIONS IN THE UNITED STATES [kth.ans.i8

Aud I doe hereby bind myself, iiiy beires and succeSBors, to iiiaintainu all aud every
of their peaceable enjoyment of the foresaid lands from any other claime or bar-
f^aine whatsoever. And I do hereby authorize Sauuliussecit alias Tom of AVauchi-

moqut to marke trees and set the bounds of the land aforesaid in case that

fjreat meadow at or about Loqusqusitt fall not within the bounds aforesaid, yet it
shall be for Ihem to enjoye the said medow forever.'

Deed from the Kiuvessorx of Caiioniciis and Mianionomi, Kjofi.

This be known to all that it may concenie, in all ages to come, that I C'aujani-
quaunte, sachem of the Narragansetts, ratify and coufirme to the men of Providence,
and to the men of Pawtuxcette, their laudes, and deed, that my brother Meantono-
meah made over and disposed to them, namely, all the landes, between Pawtuckette
river and Pawtuxcette river, up the streams without limit for their use of cattle.-

This was acknowledged aud confirmed bj' the other sachems inter-
ested.

Deed to the Island of Aijiiednecl (Rhode Island), March ii'4, 1637.

MEMORAXDUir. That we Cannonnieus and Miantunnomu y two chiefe Sachems of
the Xauhiggansitts, by rertne of our geuerall command of this Bay, as allso the
perticular subjectinge of the dead Sachims of Acquednecke and Kitackamuokqutt,
themselves and land unto us, have sidd unto Jlr. Coddington and his friends united
unto him, the great Island of Acquednecke lyingefrom hence Eastward in this Bay,
as allso the niarsh or grasse upon Qninunicutt and the rest of the Islands in the Bay
(exceptinge Chibachuwesa formerly sould unto Mr. Winthrop, the now Governour of
the Massachusetts and Mr. Williams of Providence').'

January 12, 1642, Miantonomi sold to tlie inhabitants of Shawomot
(Warwick): "Lands lyinge Uppon the west syde of that part of the sea
called Sowhomes Bay, from Copassanatnxett, over against a little
island in the sayd bay, being the north bounds, aud the utmost point of
that necli of land called Shawhomett; being the South bounds ffrom the
sea shoare of each boundary uppou a straight lyne westward twentie
miles."

As the same sj'stem of dealing with the Indians prevailed in the
Ehode Island as in the Providence settlement, aud also in the colony
after the union of the two, the above examples will suffice to show the
practical methods adopted in carrying out their policy. This method
of obtaining the Indians' right was carried on until practically all the
lands included in the state as at present bounded were obtaiued.

It would seem from some laws which were passed at a comparatively
early date, that the vicious practice of individual purchases began to
make its appearance in the otherwise prudent and commendable policy.
These orders or laws were passed for the purpose of putting a stop to
this practice.

The lirst of these found on the record was passed in 1G51, and is as
follows :

Ordered; That no purchase shall be made of any Land of y= natives for a planta-
tion without the consent of this State, except it bee for the clearinge of the Indians

' Eliode Island Colouial Eecords, vol. i, pp. 31-32. ' Ibid., p. 35. > Ibid., p. 45.

THOMAS] RHODE ISLAXD's POLICY TOWARD THE INDIANS C>23

from some particuLir plaiitatious already sett down upon; and it' any shall so pur-
chase, they shall forfeit the Land so purchased to the Collonie, as also the President
is to Krant forth prohibition against any that shall purchase as aforesayd.'

Tliis proving insufficient to put an end to the i)ractice, an additional
act (or "order") was passed in 1658, as follows:

AVhereas, there hath beiue severall purchases of land made from the Indians by
men within the precincts of this Collouy. which, for want of a law therealioute in
the collony, cannot be now made voyde or hindered, as namely, the purchase of
Quononagutt Island, and the island called Dutch Island, which hath beine made by
William C'oddington and Benedict Arnold, and many others joyned by covinants
with them thereabouts cannot now bee made voyde, but must bee and are alowed and
confirmed as lawful] as purchased from the Indians if It were not bought before; as
also any other purchases made by others as aforesayd formerly. Yett to prevent the
licke purchasings hereafter from tlie Indians; it is ordered, by the authority of this
present Assembly, that noe person, strainger or other, shall make any further pur-
chases of lauds or Islands from the Indians within the precincts of this Collony, butt
such only as are soe alowed to doe, and ordered therein by an express order of a
court of commissioners, upon penalty of forfeitinge all such purchassed lands or
Islands to the Collony, and to pay besides, a fine of twenty pound to the collony in
case of transgressinge this order.-'

As examples of the orders granting permission to purchase under the
aforesaid acts, the following are taken from the proceedings of 1G57 :

Wliercas, we have a law in our collony, dated November the 2d, 165.S, that noe
person within the precincts of this collouy shall buy or purchass any land of the
Indians without licence of this Generall Court; and whereas, there is a place for a
plantation in the bownds of this Collony, aboute a place so called Nyantecutt: It is
ordered, that the Court apoynt one man in each Towne of this Collony to purchass
the foresayd land of Xinecraft, who are, viz. : Mr. Ben : Arnold, Mr. Arthur Fenner,
Mr. William Baulston, and Capt. Randall Houlden, and that it bo dispossed to such
as have need of each towne of this collony; they payinge suflitiantly for it to such
as are apoynted to purchass it, or otherwise to be ordered, as each towne apoynt.

It is ordered, that Providence shall have liberty to buy out and cleare off Indians
within the bowndes of Providence, as exp;e,ssed in their towne evidence, and to pur-
chass a little more in case they wish to add, seeiugc they are straytened, not exceed-
inge three thousand acres joyninge to their township."

Also June 17, 1602:

The Court doe grant free liberty and leave tn the petitioners and their sayd asso-
ciates to make purchase of the natives within this jurisdiction, and to buy of them
that are true owners, a tract of land lying together, and not exceeding fower thou-
sand ackers ; always provided, it bee such land as is not already granted, or annexed
to any of the townshipes of the Collouy by purchase or other lawfull meanes, nor
that it be land already purchased and justly claimed by any other perticular persons,
freemen of the Collouy or ther successors. ^

In 1096 an act was passed to prevent intrusion upon the lands of the
Narragansetts. It provided "that all possessions of any lands in the
Narragansett couutrj- obtained by intrusion, without tlic consent and
approbation of the general assembly, be deemed and adjudged illegal
and void in law." The Indians were made wards of the legislature,

• Rhode l8l.aiid Colonial Records, vol. I, p. 230. « Ibid., pp. 403-4U4. = Ibid., p. 41S. ■■ Ibid., p. 48-1.

624 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.anx.18

ami their lauds wliolly subject to its coutrol. From 1709 ouward tbe
assembly was frequeutly called iipou to exercise its authority for their
protectiou aud relief. Commissioners were from time to time appointed
to oversee and lease their lauds. As time went ou there was some
change in the mode of management; laws prohibiting the purchase of
lands were repeated, aud the guardianship of the legislature was
kindly exercised for these natives as their numbers continued to
dwindle.

Evidences of the method followed by the jieople of this colony might
be multiplied, but what has been giveu is suflicient to show that the
policy was a just and humane one, that was seldom if ever marred by
official acts of injustice in this respect.

NOETII CAROLINA

History does not make clear the jiolicy of the Kortli Carolina colony
in dealing with the Indians in regard to their lands; in truth, it does
not appear that any official policy was adopted until near the close of
its colonial existence.

As a general rule, which had -but few interruptions, the relations ex-
isting between the settlers and natives were friendly and peaceful up
to the year 1711. The editor of the Colonial Eecords expresses some
doubt on this point in his "prefatory notes," but the evidence appears
to sustain the statement of historians. After the conquest of the Tus-
karora there was no other tribe, except the Cherokee, on their western
frontier which the colonists deemed worthy of consideration. It may
also be added that during the first half of its existence the colony was
without any stable government, its political affairs being interrupted
more than once by rebellion, and once or twice reduced almost to a
chaotic condition. Add to these considerations the fact that the Albe-
marle or lirst settlement was made on territory claimed to be within
the jurisdiction of Virginia, and the reason why no settled policy was
adopted by the North Carolina colony in regard to its dealings with
Indians for their lands will readily be understood.

Notwithstanding these serious drawbacks, individual enterprise,
energy, and patriotism were sufficient for the emergencies, and suc-
ceeded at length in bringing order and system out of misrule. As
might be expected, the transactions with the natives in regard to lands
during this period were chiefly by individuals, the only exceptions being
where attempts were made to found se])arate colonies.

As above stated, the first settlement within the bounds of the state
was about Albemarle sound, a region believed to be within the limits of
the Virginia charter, and was made by emigrants from that colony, who
were in seai'ch of rich and unoccupied lands. The first ])nrchase of
land made from the Indians of this region, of M'hich history makes any
mention, ajipears tp have been by Francis Yeardly, son of Sir George

iHOMAs] NORTH Carolina's policy toward the Indians G25

Yeardly. The only mention of this i.s in a letter by tbe younger Yeardly
to John Ferrar, esq. The paragraphs referred to are as follows : '

lu Septemlier last, a young uian, a trader for beavers, being bound out to the
adjacent parts to trade, by accident liis sloop left him; and he, supposing she had
been gone to Roanoke, hired a small boat, and, with one of his company left with
him, came to crave my license to go to look after his sloop, and sought some relief
of provisions of me; the which granting, he set forth with three more in company,
»one being of my family, the others were my neighbors. They entered in at Caratoke,
leu leagues to the southward of Cape Henry, and so went to Rhoanoke Island;
where, or near tlierealiouts they found the great Commander of those parts with
his Indians a-hunting, who received them civilly, and showed them the ruins of
Sir Walter Raleigh's fort, from whence I received a sure token of their being
there. . . . Immediately I dispatched away a boat with six hands, one being a
carpenter, to build the King an English house, my promise, at his coming tir.st,
being to comply in that matter. I sent £200 sterling in trust to jiurohase and pay
for what land they should like, the which in little time they effected aud purchased,
and jiaid for three great rivers, and also all such others as they should like of,
southerly ; and in solemn manner took possession of the country, in the name, and
on the behalf of the Commonwealth of England : and actual possession was solemnly
given to them by the great Commander, and all the great men of the rest of the
provinces, in delivering them a turf of the earth with an arrow shot into it; and so
the Indians totally left the lands and rivers to ns, retiring to a new habitation,
vrhere our people built the great Commander a fair house, the which I am to furnish
with English utensils and chattels.

Although no boundaries are mentioned, the territory embraced must
have been of considerable extent, as it is said " they purchased and
paid for three great rivers, and also such others as they should like of,
southerly.'"

The next purchase mentioned, and the earliest one of which a record
has been preserveil, was from the chief of the Yeoi^iui (Weopeiueoc)
Indians. This grant was luade March 1, ICGl, to George Durant for
a tract of land then called VVecocomicke, lying on Perquimans river
and Eoanoke sound. The place is now known as " Durant's Neck.''
This, as given in the Colonial Records and purporting to be a copy of
the record in Perquimans county, is as follows:

Know All men by these presents that I, Kilcaeeuen, King of Veopim have for a
valeiable consideration of satisfaction received with the consent of my people sold,
aud made over aud'to George Durant a Parcell of laud lying and being on Roneoke
Sound and on a River called by the name of Perquimans which. Issucth out of the
North Side of the aforesaid Sound which Land at present bears the name of Weco-
comicke, begining at a marked Oak Tree, which diviiles this laud from the land I
forniily sold to Saml I'ricklove aud extending westerly up the said Sound to a Point
or Turning of the aforesaid Per(|uimaus River and so np the eastward side of the
said River to a creek called by the name of Awoscake, to-wit ; — All the Land betwixt
the aforesaid Bounds of Samuel Pricklovo and the said Creek; thence to the Head
thereof. And thence through the Woods to the first Bounds. -

To have and to hold the quiet jiossession of the same to him and his heirs forever,
with All Rights and Priviledges thereunto forever from me or any Person or Persons
whatsoever. As witness my hand tliis first day of March 1661.'

1 Colonial EecorUa, vol. I, p. IS. 2ii,i,i._ p. 19. =Ibid.,p.]9.

G26 INDIAN LAND CESSIONS IX THE UNITED STATES [eth.axx. 18

It must be coufessed that the orthography aud language have a
rather modern look, indicatiug, if geuuiue, that it is given in sub-
stance rather than as an exact copy. There is, however, an additional
item of evidence tending to confirm the correctness of this record. It
appears from the same record book that one Catchmang or Catchmauy,
having received a grant from the governor of Virginia, including this
tract, conceded Duraut's right thereto and transferred to him all claim
derived from the governors patent.

It appears from the reference in Durant's deed to a previous sale
that a former grant had been obtained from the Indians, though no
record of it has been preserved.

These appear, however, to be only the first of a series of like indi-
vidual purchases. As early as 1CG2 purchases made directly from the
Indians had become such an evil in the sight of the government that
it was resolved to recognize them no longer. The "in-structions" to
Sir William Berkeley (1663), relating to the settlement of "The Prov-
ince of Carolina," contains the following passage:

If those men which have purchased shall for the better moddelling aud seourelDg
the plantations parte with there Interest bought of the Indians which they must
doe the next possessor ought to payhini what he leyed out with some small advan-
tage for his disburse, and if the jiarty iu possession have cleaned and planted (or
cither) more than his proportion of Grownd iu bredth he ought to be compounded
with for his charge of which the Governor aud Councill to be Judge.'

The following statement occurs iu a letter to the same person, dated
September S, 1663 :

By our instructions and proposealls you will see what proportions of lande we
iotend for each master aud sarvaut aud iu what manner to be allotted, but we
understand that the people that are there have bought great tracts of land from
the Indians, which if they shall iujoye will weaken the plantation.-

Tlie Lords Proprietors more than once recognized the fact that lands
had been purchased from the Indians before the date of their charter.

The settlements made on lower Cape Fear river were . based on pur-
chases. It is expressly stated that the Xew Englauders, who were the
first to attempt a settlement here, "purchased of the Indian chiefs a
title to the soil."

The Barbadoes colony, which, encouraged and directed by Sir John
Yeamans, began a settlement a few years later (166.'t) near the locality
the New Euglanders had abandoned, did so upon lauds first purchased
from the Indians. The jilanters who wished to remove thither, first
dispatched an agent to find a suitable locality. This was found on
Cape Fe.ar river, not far from the locality the New England settlers
had occupied, and a purchase of 32 miles square made, or, as the agent
reported, "We made a purchase of the river and land of Cape Fair of
Watcoosa and such other Indians as appeared to us to be the chief of
those parts.'"

Although none of the Carolina charters refer to the i-ights of the

' Colonial Records, vol. i, p. 51. ^Hjij^^ p, 53,

THOMAS] NORTH Carolina's policy tdward the Indians G27

natives or concede iu any manner their claims to tlie lands, yet, as we
have seen, the ''instructions" to Governor Berkeley indicate consider-
able opposition to the indiscriminate individual piircliases. On the
other hand, the same Lords Projirietors seemed to be content with
allowing these individual transactions, provided the land was first
obtained from them. In "An Answer to certine Demands and Pro-
posealls made by severall ( ientlemeu"' of Barbadoes they say iu reply to
the third request: "To the 3d demand wee consent that the Governor
and Counsell shal be amply aud fully impowered from us to graunte
such x>roportions of land to all that shall come to plant in quantity
and according to the Meth-hood and under that acknowledgement and
noe more, as iu our declarations and proposealls is set forth for which
they may contract and compound with the Indians; if they see fltt."

It would seem from this that the Indian title was considered of little
importance by the Lords Proprietors. However, it is a slight acknowl-
edgment of that title, but its extinguishment was left to the indi-
vidual grantees — an ill-advised policy, which, as has been shown, pre-
vailed to some extent iu Xew York during the early histor" of that
colony.

The following clauses in the "Fundamental Constitutions," drawn
up by John Locke, are the only ones therein bearing on this subject:

50tli. The grand council, etc., shall have power ... to make peace and war,
leagues, treaties, etc., with any of the neighbour Indians.

112th. No person whatever shall hold, or claim any land in Carolina by pnrchase,
or gift, or otherwise from the natives or any other whatsoever; but merely from
and under the Lords Proprietors, upon pain of forfeiture of .all his estate, moveable
or immoveable, and perpetual banisliment.

But the "Fundamental Constitutions" were in truth a dead letter
from the first. Although adopted in 1669 they were never practically
in force.

It may be added here that Grafifenried, in his manuscript account
of the incidents attending the settlement of his colony at Newbern,
asserts that he paid the Indians for the lands where he first settled, on
which iSTewbern was built.

For forty years subsequent to the date given above the records of
Iforth Carolina, so far as the subject now under consideration- is
concerned, present a complete blank. In fact, as Doyle ("English
Colonies in America") has truly remarked, "For tlie next forty years
the annals of Xorth Carolina became more meager than those of auy
[other one] of our American colonies."

In 1711 the bloody Indian war broke out, which, but for the timely
aid of South Carolina, would have resulted iu the destruction of the
northern settlement. This was carried on chiefly by the Tuskarora,
who, at this time, as it is stated, numbered 1,200 warriors, the other
neighboring tribes having migrated or dwindled, through contact with
civilization, until they were no longer a source of alarm to the colonists.
The real cause of this outbreak does not appear to be clearly stated —
that mentioned by Grafl'euried not furnishing a full explauatiou.

G28 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.18

Hitherto, as a general rule, the relations between the settlers and the
natives had been peaceful, and for the greater part friendly. It appenrs
that as early as 1703 there had been some petty disputes concerning
lands and trade, and it is probable that the war grew out of some dis-
satisfaction on this account, as intimated by GrrafCenried. This seems
apparent from the wording of an act passed by the general assembly
in 1715, "For restraining the Indians from molesting or injuring the
inhabitants of this government and for securing to the Indians the
right and proi)erty of their own lands." The fourth section of this act
is as follows :

And wheieas there is great reason to believe thr.t disputes couceriiiug land lias
already lieen of fatal conseiiuence to the jieace and welfare of this colony, lie it fur-
ther enacted, by the authority aforesaid, That no white man shall, for any considera-
tion whatsoever, purchase or Iniy any tract or parcel of land claimed, or actiially ia
possession of any Indian, without special liberty for .so doing from the Governor and
Council first had and obtained, under the penalty of twenty pounds for every hun-
dred acres of land so bargained for and purchased, one half to the informer and
other half to him or them that shall sue for the same: to be recovered by bill, plaint
or information, in any court of record within this government; wherein no essiou,
protection, injunction, or wager of law, shall be allowed or admitted of.'

After this the only natives of any consequence with whom the colo-
nists had to contend were the Cherokee, who dwelt on their western
frontier. The Tuskarora, who had remained at peace during the con-
flict, were removed in 1717 to a reservation on the northern bank of
Eoauoke river, in what is now Bertie county; the remnant of the hos-
tiles abandoned the country and joined the Iroquois. There is another
fact which should not be overlooked in this connection, namely, tliat a
considerable portion of the state was absolutely uninhabited. This
will be apparent to anyone who will follow Lawson- closely in his
travels through the two Garoliuas. He also remarks that -'it jnust be
confessed that the most noble and sweetest part of this country is not
inhabited by any but savages; and a great deal of the richest part
thereof, has no inhabitants but the beasts of the wilderness; for the
Indians are not inclinable to settle on the richest land because the
timbers are too large for them to cut down, and too much burthened
with wood for their laborers to make plantations of."

In 1718 an act was passed "for ascertainiug the bounds of a certain
tract of land formerly laid out by treaty to the use of the Tuskarora
Indians, so long as they, or any of them, shall occupy and live upon the
same; and to prevent anypersouor persons taking uplands, or settling
within the said bounds." As parts of this act are of historical impor-
tance in this connection, they are quoted here:

Whereas complaints are made by the Tuskarora Indians, of divers incroachments
made by the English on their lands, and it being but just that the ancient iubabit-
ants of tliis province shall have and enjoy a quiet and convenient dwelliug place iu
this their native country; wherefore,

' Laws of Colouial and State Govermuenta Relating to Indian Affairs (1832), p. 162.
2 John Lawson, History of Tpper South Carolina.

THOMAS] NORTH Carolina's policy toward the indiaxs G29

II. We pray ttiat it may be euacted, and bi' it enacted, by bis Excellency Cover-
Dor Uabriel Johnston, Esix; Governor, by and with the advice and consent of his
Majesty's Council and General Assembly of this iiroviuce, and it is hereby enacted
by the authority of the same, That the lands formerly allotted the Tuskr-rora Indi-
ans, by solemn treaty, lying on Morattock river, in Bertie county, bein},' the same
whereon they now dwell, butted and bounded as follows, viz. beginning at the
mouth of Quitsuoy swamp, running np the said swamp four hundred and thirty
pcBe, to a scrubby-oak near the head of said swamp, by a great spring; then North
ten degrees east, eight hundred and fifty-pole to a persimon tree on Raquis swamp;
then along the swamp and Pocosion main course, North fifty-seven degrees West,
two thousand six hundred and forty pole, to a hickory on the east side of the falling
run or deep creek, and down the various courses of the said run to Morattock river,
then down the river to the first station; shall be confirmed and assured, and by
virtue of this act is confirmed and assured, unto James Blount, chief of the Tus-
karora nation, and the people under his charge, their heirs au<l successors, for ever;
any law, usage, custom or grant to the contrary notwithstanding.

JiuJ be it further enacted by the authority aforesaid. That no person, for any con-
sideration whatsoever, shall purchase or buy any tract or parcel of land, claimed, or
in ijossession of any Indian or Indians, but all such bargains and sale shall be, and
hereby are declared to be null and void, and of none eft'ect ; and the person or persons
so purchasing or buying any land of any Indian or Indians, shall further forfeit the
sum of ten pounds proclaimation money, for every hundred acres by him purchased and
bought; one half to the use of the public, the other half to him or them that shall
sue for the same; to be recovered by action of debt, bill plaint or information, in
any court of record within this government wherein no ession, protection, injunction
or wager of law, shall be allowed or admitted of.'

lu 1761 the British governmeut issued instnictious to the goveruors
of the several American colonies, including North Carolina, South
Carolina, and Georgia, and "the agent for Indian affairs in thesoutliern
department" (given above under I^ew York), forbidding purchases of
land from the Indians without first having obtained license to this
effect.

As the only other dealings of importance by North Carolina with the
Indians were with the Cherokee, which have been set forth by Mr Koyce
in his paper in the Fifth Annual Eeport of the Burean of Ethnology,
it is only necessary to mention the more important and refer the reader
to tlie memoir cited.

lu 1730 Sir Alexander Cumming was commissioned by the authorities
of North Carolina to conclude a treaty with these Indians. Although
it included no cession of lauds, the tribe agreed to submit to the
sovereignty of the King and his successors, and to permit no whites
except the English to build forts or cabins or plant corn among them.

In 1762 a grant to one Captain Patrick Jack was signed by (iovernor
Dobbs and Little Carpenter for certain lands in eastern Tennessee,
which it seems had been purchased by Jack of the Cherokee in 1757.

Lands on Watauga and Nolachucky rivers (at that time, 1772-1775
in North Carolina, now in Tennessee) were purchased of the Indians
by the pioneers who had i)ushed their way over the mountains into the
valleys of these streams.

' Public Acts, General Assembly N. C, by James Iredell (1804), pp. 23-35.

630 INDIAN LAND CESSIONS IN THE UNITED STATES [eth. ax.x. 18

In 1777 a treaty was concluded between Virginia and North Carolina
on the one part, and the Cherokee on the other, by which the boundary
and prohibitions as set forth in the act of the legislature of Xorth
Carolina are as follows :

No persou shall euter or survey any lauds withiu the Indian huutiug grounds, or
without the limits heretofore ceded by tlieui, wliich limits westward are declared
to be as follows: Begin at a point on the dividing line which hath been agreed upon
between the Cherokees and the colony of Virginia, where the line between that
Commonwealth and this State (hereafter to be extended) shall intersect the same;
running thence a right line to the mouth of Cloud's Creek, being the second creek
below the Warrior's Ford, at the mouth of Carter's Valley; thence a right line to
the highest point of Chimney Top Mountain or High Rock; thence a right line
to the mouth of Camp or McNamee's Creek, on south bank of Nolichucky, about
ten miles below the mouth of Big Limestone; from the mouth of Camp Creek a
southeast course to the top of Great Iron Jlountaiu, being the same which divides
the hunting grounds of the Overhill Cherokees from the hunting grounds of the
middle settlements ; and from the top of Iron Jlountaiu a south course to the dividing
ridge between the waters of French Broad, and Nolichucky Eivers; thence a south-
westerly course along the ridge to the great ridge of the Appalachian Jlouutains,
which divide the eastern and western waters; thence with said dividing ridge to
the line that divides the State of South Carolina from this State.'

The snbse(iueut treaties with these Indians were made by the United
States and are given in Mr Royce's schedule.

it would seem from these records, though incomplete and frag-
mentary, that but a comparatively small portion of the territory of
Xorth Carolina was i^urchased from the Indians, and, as above stated,
that until near the close of the colonial era the province had adopted
no fixed ijolicy in regard to this subject. There were, in fact, no tribes
in the middle ^lortions that were deemed worthy of the attention of the
colonists when the demand for their lands arose. Mr James Mooney,
of the Bureau of American Ethnology, who has made a careiul study
of the natives of this section, remarks- —

The tribes between the mountains and the sea were of but small importance
politically; no sustained mission work was ever attempted among them, and there
were but few literary men to take an interest in them. War, pestilence, whisky
and systematic slave hunts had nearly exterminated the aboriginal occupants of the
Carolinas before anybody had thought them of sulKcient importance to ask who
they were, how they lived, or what were their beliefs and opinions.

SOUTH CAROLINA

The first settlement of this state, which was destined to form part of
the real history thereof, was made in 1070 at or near Port Eoyal. Dis-
satisfied with the location, the settlers moved to the banks of Ashley
river, where they began what was to become the city of Charleston.
Whether the particular lands taken possession of for these settlements
were purchased at the time such settlements were made is unknown;
at least, history has left the inquiry unanswered. However, it is

' Fifth Annual Report Bureau of Ethnology, 18R3-8J, p. 150.
' The Siouan Tribes of the East (1804), p. li.

THOMAS] SOUTH Carolina's polhy toward the Indians 631

kuowu that for the purpose of aft'ordiiis room for the expansion of the
colony i,vhich had settled at the Junctiou of Ashley and Cooper rivers,
land was purchased from the 'natives.

Mills' says the first pul)lic deed of conveyance found on record is
dated March 1«», 1675. This was probably while the settlers were still
«ccupying the site first selcc ted on the western bank of Ashley river
and before the removal to Oyster point. The deed as given by Mills
is as follows :

To all manner of people. Know ye, that we the cassi<|ues, natural born heirs and
sole owners anil propiietors of greater and lesser Casor, lying on the river of Kyewaw,
the liver of Stono, and the fresher of the river Edistoh, doe, for us, ourselves and
subjects and vassels, demise, sell, grant, and forever quit and resign, the whole
parcels of land called hy the name and names of great and little Casor with all the
timber of said land or lauds, and all manuirof the appurtenances anyway belonging
to any part or parts of the said land or lands, unto the Right Honorable Anthony
Earle of Shaftsbury, Lord Baron Ashley of Winboon, St. Gyles's, Lord Cooper of
Pawlett, and to the rest of the lords proprietors of Carolina for and in consideration
of a valuable parcel of cloth, hatchets, beads, and other goods and manufactures,
now received at the hands of Andrew Percivall, Gent, in full satisfaction of and
for these our territoriis, lands, and royalties, w ith all manner the appurtenances,
privileges, and dignities, any manner of way to us, ourselTes or vassals belonging.
In confirmation whereof we the saiil cassicjues have hereunto set our hands, and
affixed our seals, this tenth day of March, in the year of our Lord (iod one thonsaud
six-hnndred seventie and live, and in the twenty-eighth year of the reign of Charles
the second of Great Britain, France and Ireland, King, defender of the faith etc.

By another deed, dated February 28, 1683, the chief or "cassique"
of Wimbee (or Winibee Indians) cedes "a strip of country between the
Combahee and Broad river extending back to the mountains."

Another deed, (lated February 13, 1684, is a conveyance by the "Cas-
sique of Stono.'' Another of the same date is by the "Cassique of
Combahee:"' and another also of the same date is by "the Queeu of
St Helena;" and also of the same date is one by the "Cassique of Kis-
sah." On the same day "all these cassiipies joined to make a general
deed conveying all the lands whii-li they before conveyed separately to
the lords proprietors."'

It would seem from these facts that the South Carolina colonj' adopted
at the outset a correct, just, and humane policy in treating with the
Indians for their lands. Xot only was tlie territory purchased, but the
grants were made to the properly constituted authorities, the Lords
Proprietors. And yet this was at a time when there was constant fric-
tion between the people and the rulers. " The continuetl straggles with
the proprietaries hastened the emancipation of the people from their
rule; but the praise of having been always in the right can not be
awarded to the colonists. The latter claimed the right of weakening
the neighboring Indian tribes by a partisan warfare, and a sale of the
captives into West India bondage; their antagonists demanded that
the treaty of peace w-ith the natives should be preserved."^

1 statistics of South Carolin.T (182G), p. 106. 'Baucroft, History of the rnited States, vol. n.
IS ETH — PT 2 8

632 INDIAN LAND CESSIONS IN THE UNITED STATES [eth amx. 18

The dark blot on South Carolina's ludiaii history is her encourage-
ment of luflian enslavement. On this point it is sufficient to quote the
following' remarks by Doyle,' which are based on the report of Governor
Johnson, made to the proprietors iu 1708.

In another way, too, tbe settlers had placed a weapon iu the hands of their ene-
mies. The Siiauiavds were hut little to be dreaded, unless strengthened by an Indian
alliance. The English colonists themselves increased this danger by too faithful an
imitation of Sjiauish usages. In both tlie other cidonies with wliich we have dealt,
the troubles with the ludiaus were mostly due to those collisions which must
inevitably occur between civilized and savage races. But from the lirst settlement
of Carolina the colony was tainted with a vice which imperiled its relati<ms with
the Indians. . . . In A'irgiuia and Marylan<l there are but few traces of any attempt
to enslave the Indians. In Carolina the negro must always have been the cheaper,
more docile, and more efficient instrument, and in time the African race furnished
the whole supply of servile labor. But in the early days of the colony the negro
had no such monopoly of suftering. The Indian was kidnapped and sold, sometimes
to work on what had once been his own soil, sometimes to end his days as an exile
and bondsman iu the AA'est Indies. As late as 1708 the native population furnished
a quarter of the whole body of slaves.

We are informed by Logan- that "as early as 1707 the exciting
abuses of the trade, the rapid profits of which had allured into the
Indian nations many irresponsible men of the most desjjicable charac-
ter, induced the passage of an act by the assembly by which a board
of commissioners was instituted to manage and direct everything relat-
ing to the traffic with the Indians, and all traders were compelled,
under heavy ])enalties, to take out a license as their authority in Ihe
nation."

The same act, which furnishes some important items of history, pro-
Tides further:

Whereas, the greater number of those persons that trade among the Indians in
amity with this government, do generally lead loose, vicious lives, to the scandal of
the Christian religion, and do likewise oppress the people among whom they live,
by their unjust and illegal actions, which, if not prevented, may in time tend to the
destruction of this jirovince; therefore, be it enacted, that after tlie first day of
October next, every trader that shall live and deal with any Indians, excejjt the
Itawaus, Sewees, Santees, Stonoes, Kiawas, Kussoes, Edistoes, and ,St. Helenas, for
the purpose of trading in furs, skins, slaves, or any other commodity, shall first have
a license under the hand and seal of the Commissioners hereafter to be named; for
which he shall pay the public receiver the full sum of eight pounds current money.
The license shall continue in force one year and no longer, and he shall give a
surety of one hundred pounds currency.^

On November's.") of the same year an act was passed to limit the
bounds of the " Yamasse settlement," to prevent persons from disturb
ing them with their stock, aud to remove such as are settled within the
limitations mentioned. But these Indians, together with other tribes,
having engaged in 1715 in bloody war with the colonists, were at length
completely conquered and the remnant driven from the province. Hav-
ing deserted their lands and forfeited their right to them, these by act

' Kugli.sh Colonies iu America, vol. I, p. 359. ' FTiatory of Upper South Caroliua. p. 170.

3 Ibid., pp. 170-17J.

THOMAS) SOUTH Carolina's policy toward the Indians 633

of June 13, 1716, (immber 373,) were apiiropriated toother uses.' This
act was declared mill aud void by tlie Lords Proprietors.

lu 1712 there was passed "An act for settling the Island called Pala-
wana, upon the Cusaboe Indians now living in Granville County aud
updTi their Posterity forever." The first section of this act is as follows :

Whereas the Cusaboe Indians of Granville County, are the native and ancient
Inhabitants of the Sea Coasts of this Province, and kindly entertained the first
EiKjlish who arrived in the same, and are useful to the Government for Watching
and DiscDveriujj Enemies, aud tjuding Shipwreck'd People; Aud whereas the Island
called PaluHana near the Island of St. Helena, upon which most of the Plantations
of the said Ciisahoes now are, was formerly by Inadvertaucy granted by the Kight
Honorable the Lords Proprietors of this Province, to Matthew Smallwood, and by
him sold and transferred to Jama Cnckram, whose Property and Possession it is at
present; Be it Enacted by the most noble Prince Jltiiry Duke of Biaiiford, Pala-
tine, and the Rest of the Right Honorable the true and absolute Lords and Proprie-
tors of Carolina, together with the Advice aud Consent of the Members of the Gen-
eral Assembly now met at Charles-Town for the South West Part of this Province,
That from aud after the Ratification of this Act, the Island of Palauana, lying nigh
the Island of St. Helena, in Granville County, contaiiiiug between Four and Five
Hundred Acres of Land, be it more or less, now in the Possession of James Coekram
as aforesaid, shall be aud is hereby declared to be vested in the aforesaid Cuauhoe
Indians, and in their Heirs forever. ''

The only importanttreaties in regard to lands after this date were with
the Cherokee and Creek Indians. As the treaties with the Cherokee are
all mentioued by Mr Eoyce in his paper published in the Fifth Annual
Kcport of the Bureau of Ethnology, a brief reference to them is all
that is necessary here. The map which accoiupanies the paper cited
shows the several tracts obtained by these treaties.

By treaty of 1721 with the Cherokee, Governor Nicholson fixed the
bouudary line between that tribe and the English; he also regulated
the weights and measures to be used, and appointed an agent to super-
intend their ail'airs.

About the same time a treaty of peace was concluded with the Creeks
by which Savannah river was made the Louudary of their hunting
grounds, beyond which no settlement of the whites was to extend.

In 17.55 Governor Gleun, by treaty with the Cherokee, obtained an
ioiportant cession. By its terms the Indians ceded to Great Britain all
that territory embraced in the present limits of Abbeville, Edgefield,
Laurens, ITniou, Si)artanburg, Newberry, Chester, Fairfield, Kichlaud,
and York districts.

In 17(J1 another treaty was made with the same tribe by Lieutenant-
Governor Bull, by which the sources of the great rivers flowing into
the Atlantic were declared to be the boundary between the ludiaus
aud the whites.

On June 1, 1773, a treaty was concluded jointly with the Creeks and
Cherokee by the British superintendent, by which they ceded to Great
Britain a tract "begin,"' etc., as described below under "Georgia."

It is proper to remind the reader at this i)oint that the I'oyal procla-

' Laws of the Province of South Carolina, by Nicholas Trott (1763), p. 295. » Ibid., No. 338, p 277.

G34 INUIAX LAND CESSIONS IN THE UNITED STATES (eth.ax.x. 18

uiatiou of George III, dated October 7, 17G3, forbidding private per-
sons from purcUasiiig lands of the Indians and requiring all purchases
of such lands to be made for the Crown, api)lied to Soutli Carolina.

On May I'O, 1777, a treaty was concluded by South Carolina and
Georgia with the Cherokee, by which the Indians ceded a considerable
section of country on Savannah and Saluda rivers.

As the subseijuent treaties were made witii the United States, they
will be found in Mr Roj'ce's scheduh'.

It would appear from the foregoing facts that the policy pursued by
the Soutli Carolina colony lu regard to the Indian title was in the main
just, and was based — impliedly, at least — on an acknowledgment of
this title. But it is necessary to call attention to the fact that a large
area in this state, as in North Carolina, appears to have been taken
possession of without any formal treaties with or purchases from tlie
Indians. This was due probably to the fact that, witli the exception of
the Catawba, the tribes who occupied this central portion were of
minor importance and unsettled, and the Catawba, by the constant
wars in which they were engaged, had been greatly reduced in num-
bers, so much so, in fact, that the governors of South Carolina and
Georgia came to their relief by means of treaties of peace with their

enennes.

GEORGIA

On the 9th of June, 1732, George II granted by charter to certain
"trustees" the right to establish the colony of Georgia, including all
the lands and territories from the most northerly stream of Sa\annah-
river along the seacoast to the southward unto the most southerly
stream of Altamaha river, and westward from the heads of said rivers
in direct lines to the South sea, and all islands within 20 leagues of
the coa.st.

During the tirst year of the colony's existence. Governor James
Oglethorpe, who was placed in charge by the trustees, directed his
attention to providing for the emigrants suitable homes at Savannah,
Joseph's Town, Abercorn, and Old Pjbenezer; the erection of a fort
on Great Ogeechee river, and the concluding of treaties of amity and
cession with the natives. "Having," according to one authority,
"confirmed the colonists in their occupation of the right bank of the
Savannah, and engaged the friendship of the venerable Indian chief
Tomochichi, and the neighboring Lower Creeks and lichees, he set
out," etc.

On the 20th of May, 173.'), at Savannah, Oglethorpe made a treaty
with the headmen of the Lower Creeks, the summary of which, as
given by Hugh McCall,' is as follows:

When Ogletliorpe catuo over from Eiiglaml he was not vested with lull powers,
coUsei|ueiitIy tlie ratilicatioii of the treaty was to be made in England. .Soon after
his arrival he sent runners to the different towns, and invited a convention of the

' Histoi'y of Georgia, vol. i. p. 37.

THOMAS] Georgia's policy toward the ixdians 635

kings and chiefs of tlie Creek nation, and entered into a treaty of amity and com-
merce with them, making a transfer of the whole nation and all their lands, and
agreeing to live under and become the snbjects of his majesty's gorernnient in
common with the white colonists of Georgia. It was further stipulated that a free
and complete right and title, was granted to the trustees for all tlie lands between
Savannah ami iltamaha rivers, extending west to the extremity of the tide water,
and including all the islands on the coast from Tybee to St Simous' inclusively,
reserving to themselves the islands of Ossahaw, Sapeloe and St Catherines, for the
purposes of hunting, bathing, and fishing — also the tract of land lying between
Pipe-maker's bluff and I'allychuckola creek, above Yamacraw blutf, now Savannah;
which lands the Indians reserved to themselves for an encampment, when they came
to visit their beloved friends at Savannah. . . . This treaty was signed l>y Ogle-
thorpe on the part of the king of England, and by Toraochichi and the other chiefs
and headmen on the part of the Creek nation ; it was transmitted to the trustees
and formally ratified on the 18th of October, 1733.

By this treaty the Indians also granted to the trustees all the lands
on Savannah river as far a.s the Ogeechee, and all the lands along the
seacoast as far as St John liver and as high as the tide flowed.
McCall says the grant extended to the Altanialia. but White is cer-
tainly correct in limiting it by the Ogeei:hee, as is shown by the treaty
of 1739 mentioned below.

In March, 173(!, Governor Oglethorpe wrote to the trustees that
"King Tonio-Chachi and his nephew Tooanoghoni and the Beloved
Man Uni])echee," had agreed they should possess the island of St
Simons but reserved St Catherine to themselves.

From a letter to Mr Causton, dated March 17. 17.'?(), it would seem
that the lands had been purchased as far northwest as Ebenezer creek,
in what is now Effingham county. "You are to notice," he says,
"that the Trustees' orders for preventing Peoples settling beyond the
River Ebenezer be executed by the j)roper officer. The Indians having
complained that some per.^ons have settled over against Palacliocola
and some near the mouth of Ebenezer."

Another letter to tlie trustees, dated May 18, 173S, informs us of
what the Indians had made complaint, and shows also Governor Ogle-
thorpe's desire to keep faith with them. He says:

Some jirivate men have taken great pains to incense the Indians against the Span-
iards and against the Colony of Georgia particularly. Capt. (jlrcen who I am
informed has advised the Ucheo Indi.ans to fall upon the Saltzburgers for settling
upon their Lands, the occasion of which was an indiscreet action of one of the Saltz-
burgers wlio cleared and planted four acres of Land beyond the Ebenezer contrary
to my orders and without ray knowledge. They also turned tlieir cattle over
the River some of whom strayed away and eat the Uchees corn 20 miles above Ebe-
nezer. But what vest the Uchees more was that some of the Carolina people swam
a great Herd of Cattle over Savannah and sent up Negroes and began a Plantation
on the (jeorgia side not fir from the lichees Town. The Uchees instead of taking
Green's advice and beginning Hostilities with us sent up their King and 20 Warriors
with a Message of thanks to me for having ordered back the Cattle and sent away
the Negroes which I did as soon as ever I arrived. They told me that my having
done them justice Ijefore they ;isked it made them love me and not believe the stories
that were t.old them against me and th:it therefore instead of beginning a War with

636 INDIAN LAND CESSIONS IN THE UNITED STATES [etii.ann. 18

the English they were come down to help me against the Spaniards and that if I
wanted them they would Ui'iug down four score more of their warriors wlio should
stay with me a whole year. You see how God baffles the attempts of wicked men.'

In anotliei- letter, July 26, 1736, incidental mention is made of a
cession of land by Opayliatclioo and liis tribe. At this time the ces-
sions he had obtained did not reach to the upper Aliamaha, as he
remarks: " The opposition from Carolina forced me to give the Indians
large j)resents to procure their confirmation of the cession of the
Islands; and they have refused as yet to give leave to settle the inland
parts up the Alatamaha."

On the 2lst of August, 1739, another treaty was entered into at
Coweta with the Creeks, Cherokee, and Chickasaw. In this treaty the
Indians declare —

. . . that all the dominions, territories and lands between the Savannah and St. John's
Rivers, including all the islands, and from the St .John's River to the Apalachie Hay
and thence to the mountains, do, by ancient right belong to the Creek Nation, and
that they would not sntt'er either the Spaniards or any other people excepting the
trustees of tlic Colony of (Georgia, to settle their lands. They also acknowledge
the grant which they formerly made to the Trustees of all the lanils ou Savannah
River as far as the river Ogeechce, and all the lands aloug tlie seacoast as far as St
John's River, and as high as the ti(\a flowed, and all the islands, particularly St
Simon's, Cumberland, and Amelia, etc.-

It would appear from these facts that the policy adopted by this
colony at the outset in dealing with the Indians was a kind and just
one. Moreover, it was correct in method, as the grants from Indians
were not obtained by or on behalf of individuals, but by the properly
constituted authority fur and ou behalf of the '' trustees," who were
the proj)rietors of tbis colony. Happily for the welfare of the settlers,
the active control had been placed in the hands of Oglethorpe, who
was unquestionably one of the most just, kind, and truly worthy
governors who ever ruled over an American colony. Yet, as history
testifies, though strictly just and prompt to repair or amend an injury,
he was watchful and prompt to resent an invasion of or trespass on
the rights of the colonists, whether by the natives or by the whites
from otiier settlements.

A letter to the trustees dated September 5, 1739, which refers to the
treaty of 1739, above mentioned, gives some additional evidence of the
just policy Oglethorpe had adopted in treating with the Indians:

I am just arrived at this Place from the Assembled Estates of the Creek Nation.
They have very fully dei tared their rights to and possession of all the Land as far
as tile River Saint .Johns and their Concession of the Sua Coast, Islands and other
Lauds to the I'rustees, of which they have made a regular act. If I had not gone
up the misunderstandings between them and the Carolina Traders fomented Ijy our
two neighboring Nations would probably have occasioned their beginning a war,
which I believe might have been the result of this general meeting; but as their
complaints were reasonable, I gave them satisfaction in all of them, and everything

' Gptirgia Hiatoricnl Society Oollertions. vol. lu, pp. 35-36.
2 Wbite, Hiatoricul CoUeolioiis uf Georgia (1855), p. 121.

THOMAS] Georgia's policy toward the ixdians 637

is entirely settled in peace. It is impossible to describe tbe joy they expressed at
my arrival they met me forty miles in tbe woods and layd Provisions on thi' roads in
the woods.'

In 1757, or early iu 1758, the following act was passed " to prevent
private persons from purcbasing' lands from tbe Indians, and for ])re-
ventiiig persons trading with them without licence:''

Whereas the safety, welfare, and preservation of this province of Georgia doth,
in great measure depend on the maintaining a good correspondence between his
majesty's subjects and the several nations of Indians in amity with tho said prov-
ince: And whereas many inconveniences have arisen, from private persons claiming
lands, included in tho charter granted to the late honorable trustees for establishing
the colony of Georgia by his present majesty, and since reinvested in the crown
under pretense of certain purchases made of them from the Indians, which have
given occasion for disputes with those people; for remedy whereof, and for prevent-
ing any dift'creuces or disputes with the Indians for the future, and also for prevent-
ing persons trading with them without licence, He it enacted, That from and after
the liftcenth day of February, one thousand seven hundred and tifty-eight, if any
person or persons whatsoever shall attempt to purchase or contract for, or cause to
be purchased or contracted for, or shall take or accept of a grant or conveyance of
any lands, or tracts of laud, from any Indian, or body of Indians, upon any pretense
whatsoever, (exce|)t for the use of the crown, and that by permission for this pur-
pose first iad and obtained from his majesty, his heirs or successors, or his or their
governor or commander in chief of the said province for the time being), every such
purchase, contract, grant, and conveyance, shall be, and is and are hereby declared
to be null and void, to all intents and purposes whatsoever; and all and every per-
son and persons so offending shall, for every such olVeuce, forfeit tbe sum of one
thousand pounds sterling money of Great Britain, the one half thereof to his maj-
esty, his heirs and successors, for the use of the province, and the other half to him
or them who shall sue for the same, by action of debt or information, iu the general
court of this province, in which no assoign, protection, privilege, or wager of law, or
more than one imparlance shall be allowed.-

In 1763, by a treaty held at Augusta, the boundary line between the
settlements and the lands of the natives was fixed and afterward actu-
ally survej'ed by I)e Brahm. The line as determined by this surveyor,
whose field notes have been preserved," as shown on the following page;
as but few copies of these notes exist, they are given in full. It would
appear from Governor Wright's "Eeport on the condition of the Prov-
ince of Georgia," made to the Karl of Dartmouth in 1773, that the
amount of laud he obtained at this treaty was estimated at 2,116,298
acres, as he makes therein this statement:

Answer to the third Quere.

The extent of the Province along the Front or Sea t^iast froni Savannah River to
St. JIary's River is computed to be about one hundred Miles as the coast lyes, but
less iu a direct line from Tybee Inlet. The distance back up Savannah River and
from the head of St. Mary's River is as far as His -Majesty's Territories extend which
it is impossilde for me to determine, but the size and extent within the Boundary
Lines settled with the Indians is as above and has been computed Ijy His Majesty's
Surveyor General to contain about 6,095,429 Acres as follows Vizr: Amount of Lands
ceded iu tbe time of the Trustees to General Oglethorpe 1,152,000 Acres.

1 Georgia Historical Society Collections, vol. in, p. 81.

'Digest of the Laws of the State of Georgia from 1755 to 1799 (18i)0), p. 51.

3In '; History of tbe Province Georgia," by John Gerar William de Brahin. Copied November 10,
1894. V. H. Pa Arits.

638

INDIAN LAND CESSIONS IN THE UNITED STATES [eth.axn, 18

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o

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u

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c

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tX)

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O

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an

i-I

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s

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rr

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w

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t=

u

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u

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n ij fj

lo o rt o

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-J" to !M

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C ^ X !^ &» ^

R ,J iJ

3= s

Hcofl,

THOMAS] IXDIAN POLICY OK NEW HAMPSHIKE AND DELAWARE G39

Additional Cession to me at the Congress in November ITtiS, 2,408,800 Acres.

Addition made l)y tbe extension of this Province from tlie River Alatamaha to the
River 8t. Mary computed at 998,400 Acres.

Additional Cession 20,000 Acres in 1766.

Additional Cession at the ConRress held at Augusta the third of .Inne 1773 —
2,ner208Aores.

In ail within the Indian boundary Line supposeil to be 6,69.5,429 Acres.'

This appears to refer to the territory obtained from the Indians. If
so, it shows that some 10,460 square miles had been purchased previously
to the date of the report, and that the policy of extinnuishing the
Indian title by a correct and legitimate method had been followed up
to that time.

By the treaty at Augusta with the Creeks and Cherokee, in June
1773, the following boundary was agreed on:

Begin at the place where the Lower Creek path intersects the Ogeechee river,
and along the main branch of said river to the sourie of the southernmost branch
of said river and from thence along the ridge between the waters of Broad river
and Oconee river up to the Buti'aloe Lick, and from thence iu a straight line to the
tree marked by the Clierokees near the head of a branch falling into the Oconee
river, and from thence along the said ridge twenty miles above the line already run
by the Chcrokees, and from thence across to Savannah river by a line parallel with
that formerly marked by them, and the Creeks by Salcachie and Talcachie and other
head men of the Lower C'rceks also cede from the present boundary line at Phinhota-
way creek on the Altamaha river, up the said river to an island opposite to the month
of Barber creek, and from thence across to Oguechee river opposite to the road
about four miles above Buch head, where a canoe ferry used to be kept.-

The above facts are sufficient to show that tlie policy of the colony
iu treating with the Indians in regard to their lands was just and
equitable up to the time it became a state.

NEW HAMPSHIRE AND DELAWARE

As the policy adopted by the colonies of Xew Hampshire and Dela-
ware in treating with the Indians in regard to their lands was so inti-
mately connected with that of the older adjoining colonies as to form
in reality but a part of the history thereof, it is thought unnecessary to
give the details. .

POLICY OF THE UNITED STATES

As already observed, the policy of the United States respecting the
process of obtaining or extinguishing the Indian title to their lands was
outlined, while the government was conducted under the Articles of
Confederation. By a " clause of No. ix " of the "Articles of Confed-
eration," it was agreed that " The United States in Congress assembled
shall have the sole and exclusive right and power of . . . regulating the
trade and managing all atlairs with the Indians not members of any of

' Georgia Historical Society Collection.^, vol. iii, p. 160.

^Digest of the Laws of the Stale of Georgia from 1755 to 1709 (1800), p. 763.

640 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann. 18

the states, provided that the legislative right of any state within its
own limits be not infringed or violated."

By the proclamation of September 22, 1783, all persons were prohib-
ited " from making settlements on lands inhabited or claimed by Indians
withont the limits or jnrisdictiou of any particular state, and from pnr-
chasing or receiving any gift or cession of snch lands or claims withont
the express anthority and direction of the United States in Congress
assembled.'" It will be seen from this that the prohibition was not lim-
ited to lands in the actnal use and possession of and occvii)ie(l by the
Indians, but extended to that claimed by them. It will also be observed
that by the Articles of Confederation and as implied in this proclama-
tion (or act of Congress) the sole authority in this respect is limited to
"The United States in Congress assembled."

Although the theory and policy implied in the prohibitory clause have
been maintained under the Constitution, there has been a change as to
the " authority " which may act. The clause of the Articles of Confed-
eration was not inserted in the Constitution, either in words or in sub-
stance. As power to regulate the commerce with the Iiulians is the
only specific mention therein of relations with the natives, the author-
ity to act must be found in. this clause, in that relating to making
treaties, and in the general powers granted to the Congress and the
Executive.

An examination of the treaties, agreements, executive orders, acts of
Congress, etc, referred to in the schedule which follows, will show that
there are various methods of dealing with the Indians in regard to
lands, and that these methods have not been entirely uniform.

According to the Annual Report of the Commissioner of Indian
Affairs for 1S90 (page xxix), "From the execution of the first treaty
made between, the United States and the Indian tribes residing within
its limits (September 17, 1778, with the Delawares) to the adoption of
the act of March 3, 1871, that ' no Indian nation or tribe within the ter-
ritory of the United States shall be acknowledged or recognized as an
independent nation, tribe, or i)ower with whom the United States may
contract by treaty,' the ITnited States has pursued a uniform (bourse of
extinguishing the Indian title only with the consent of those tribes
which were recognized as having claim to the soil by reason of occu-
pancy, such consent being exiiressed in treaties. . . . Except only in
the ca.se of the Sioux Indians in Minnesota, after the outbreak of 1862,
the Government has never extinguished an Indian title as by right of
conquest; and in this case the Indians were provided with another
reservation, and subsequently were paid the net proceeds arising from
the sale of the land vacated."

It would api)ear from this that until March 3, 1871, Indian titles to
lands were extinguished only under the treaty-making clause of the
Constitution. Treaties witii Indians, even though the tribe had been
reduced to an insignificant band, were usually clothed in all tiie stately

THOMAS] INDIAN POLICY OF THE UNITED STATES G41

verbiage that characterized a treaty -with a leading European power, as,
for example, the following:'

Whereas a treaty between the United States of America and the mingoes, chiefs,
captains and warriors, of tlie Choctaw nation, was entered into at Dancing Rahbit
creekfrtu the twenty-seventh day of Sejitember, in the year of our Lord one thousand
eight hundred and thirty, and of the independence of the United States the fifty-
fifth, by John H. Eaton and .John Coft'ee, commissioners on the part of the United
States, and the chiefs, captains, and head-men of the Choctaw nation, on the part of
said nation; which treaty, together with the supplemental article thereto, is in the
words following, to wit :

* if * 7* # ^^ «

Now, therefore, be it known that I, Andrew Jackson, President of the United States
of America, having seen and considered said treaty, do, in pursuance of the advice
and consent of the Senate, as expressed by their resolution of the twenty-first day of
Febrnary, one thousand eight hundred and thirty-one, accept, ratify, and confirm
the siime, and every clause and article thereof, with the exception of the preamble.

In testimony whereof, I have caused the seal of the United .States to be hereunto
aflised, having signed the same with my hand.

Done at the City of Washiiigton, this tweuty-fourtli day of February, in the year
of our Lord one thousand eight hundred and thirty-one, and of the independence of
the United States the fifty-fifth.

[L. s.] Andrew Jackson.

By the President :

M. 'N'ax Buren, Secretartj of State.

By the act of March ,3, 1S71, the legal fiction of rccogrnizing the
tribes as independent nation.s with which the United States could
enter into .solemn treaty was, after it had continued nearly a hundred
years, finally done away with. The effect of this act was to bring
under the iniuiediate control of the Congress the transactions with
'•he Indians and reduce to simple agreements what had before been
accomplished by solemn treaties.

From the report of the Commissioner of Indian Affairs ^bove referred
to, we learn that the Indian title to all the jjublic domain had then
been extinguished, except in Alaska and in the portions iucluded in
one hundred and sixty-two Indian reservations and those acquired by
the Indians through iiurchase.

Of these one hundred and sixtytT.^o reservations there were established —

By Executive order ..". ,56

By Executive order under authority of act of Congress 6

By act of Congress 28

By treaty, with houn<laries defined or enlarged by Executive order 1,5

By treat J- or agreement and act of Congress 5

By unratified treaty 1

By treaty or agreement 51

It appears from tliis list that the method of establishing reserva-
tions has not been uniform, .some being by treaty, some bj' Executive
order, and others by act of Congress. Those established by Execu-
tive order, independent of the act of Congress, were not held to be
permanent before the "general allotment act" of 1887, under which

> Laws, etc.. Relating to Pulilic Lands, vol. u (1836) pp. 104, 117.

642 INDIAN LAND CESSIONS IN THE UNITED STATES [eth. akn. 18

"the tenure bas been muteriiilly cluuiged and all reservations, whetlier
by Executive order, act of Congress, or treaty, are held permanent."

lleservations by Executive order under authority of an act of Con-
gress are those which have been authorized or established hy acts of
Congress and their limits defined by Executive order, or have been first
established by Executive order and subsequently confirmed by Congress.

Other respects in which the power of Congress intervenes in refer-
ence to Indian lands, or is necessary to enable the Indians to carry out
their desires in regard thereto, are the following:

Allotments of land in severalty, previous to the act of February 8,
1887, could only be made by treaty or by virtue of an act of Congress,
but by this act general authority is given to the Commissioner of
Indian Affairs for this purpose.

Leases of laud, sale of standing timber, granting of mining privileges,
and right of way to railroads are all prohibited to the Indians without
some enabling act of Congress. On the other hand, it is obligatory
upon the government to prevent any intrusion, trespass, or settlement
on the lands of any nation or tribe of Indians except where the tribe
or nation has given consent by agreement or treaty.

The different titles held by Indians which have been recognized by
the government appear to be as follows: The original right of occu-
pancy, which has been sufficiently referred to. The title to reserva-
tions ditters from the original title chietiy in the fact that it is derived
from the United States. The tenure since the act of 1887 is the same,
and the inability to alienate or transfer is the same, the absolute right
being in the government. A third class is that where reservations
have been patented to Indian tribes. According to the report of the
Commissioner of Indian Affairs,' patents to the Cherokee, Choctaw,
and Creek nations for the tracts respectively defined by the treaty
stipulations were as follows :

December ;!1, 1838, to the Cherokee Natiim, forever, upon conditious, one of which
is "that the hinils hereby gr.anteil shall revert to the United States if the said Chero-
kees become extinct or abandon the same."

March 215, 1842, to the Choctaw Natiou, in fee simple to them and their descend-
ants, ''to iniire to them while they shall exist as .a nation and live on it, liable to no
transfer or .alienation, except to the United States or with their consent."

Augnst 11, 1852, to the Muscogee or Creek tribe of Indi.ans "so long as they shall
exist as a nation and continue to occupy the country herebj' conveyed to them."

The construction given to these titles by the Indian bureau and the
courts is that they are not the same as the ordinary title by occupancy;
but "a base, qualified, or determinable fee, with only a possibility of
reversion to the United States, and the authorities of these nations
may cut, sell, and dispose of their timber, and may jiermit mining and
grazing within the limits of their respective tracts bi/ their oicn citizens.'"
However, the act of March 1, 1889, establishing a United States court
in Indian Territory, repeals all laws having the effect to prevent the
five civilized tribes in said territory from entering into leases or con-

' 1890, page XXXV.

"^

THOMAS] IXDIAX POLICY OF THE UNITED STATES 643

tracts witu others than their own citizens lor mining coal for a period
not exceeding ten years.

Lands allotted and patented were held by a tenure of a somewhat
higher grade than those mentioned, though their exact status in this
resiiQct does not appear to have been clearly defined. The chief para-
graphs of the act of 1SS7 bearing on this point are as follows:

Section 1 of this act provides —

That iu all cases where any tribe or baud of Imlians bas been, or shall hereafter
be, located upon any reservation created for their use, either by treaty stipulation
or by virtue of an Act of Congress or Executive order setting apart tlie same for their
use, the President of the United States be, and bo hereby is, authorized, whenever in
his opinion any reservation, or any i)art thereof, of such Indians is advantageous for
agricultural or grazing purposes, to cause said reservation, or any part tbereof, to
be surveyed, or resurveyed, if necessary,

and to allot the lands in said reservation in severalty to any Indian
located thereon, etc.

The first clause of section 2 provides, iu substance, that all allotments
set apart under the provisions of this act shall be selected by the Indians,
heads of families selecting for their minor children, and the agents shall
select for each orphan child, and in such manner as to embrace the
imijrovements of the Indians maliing the selection.

In this section it is also provided that if any person entitled to an
allotment sliall fail to make a selection, the Secretary of the Interior
m;iy, after four years from the time allotments shall have been author-
ized by the President on a particular reservation, direct the agent for
the tribe, or a special agent appointed for the i)nrposc, to make a
selection for such person, which shall be patented to him as other selec-
tions are patented to the parties making them.

Section 4 provitles for making allotments from the public domain to
Indians not residing uj)on any reservation or for whose tribe no reser-
vation has been provided by treaty, act of Congress, or executive order.

Section (J provides as follows:

That upon the completion of said allotments and the paten; iug of the binds to said
allottees, each and every member of the rcs]iective bands or tribes of Indians to
whom allotments have been made shall have the benefit of and be subject to the
law.s, both civil and criminal, of tbe State or Territory in which tliey may reside;
and no Territory shall jiass or enforce any law denying any such Indian within its
jurisdiction the eijual protection of the law. And every Indian born within the
territorial limits of tlie United .States to whom allotments shall have been made
under the provisions of this act, or under any law or treaty, and every Indian born
within the territorial limits of the United States who has voluntarily talcen up
within said limits his residence separate and apart from any tribe of Indians therein,
and has adopted tbe habits of civilized life, is hereby declared to be a citizen of the
United States, and is entitled to all the rights, privileges, and immunities of such
citizens, whether sai-rl Indiau has been or not, bv birth or otherwise, a member of
any tribe of Indians within the territorial limits of tlie United States, without in
any manner impairing or otherwise aft'ecting the riglit of any such Indian to tribal
or othei property. '

This would seem to make the Indian a true and complete citizen,
entitled to all the rights of any other citizen, yet this does not appear
to be conceded.

' Report of tbe (Jninmis><iuiier of Indian Affairs for 1891, page 20.

644 INDIAN LAND CESSIONS IN THE UNITED STATES Lkth.ann.18

ACKNOWLEDGMENTS.

It is with pleasure tbat the autbor of this introduction aclinowledges
the valued assistance rendered by the Bureau of Indian Affairs, and
esiiecially by Mr. Robert F. Thompson of that ofiQce, in correcting errors
in and obtaining- data for the Schedule of Land Cessions which follows,
as well as for the Schedule of Allotments of Laud in Severalty. With-
out his assistance the data relating to several treaties and cessions
could not have been given. Acknowledgments are due also to Mr.
Robert H. Morton, of the General Land Oflice, for valuable and neces-
sary information in reference to several items of the Schedule.

SCHEDULE OF TREATIES AND ACTS OF CONGRESS AXJ-
THOKIZING ALLOT.MENTS OF LAND IX SEVERALTY.

Sauk, Fox, Sioux,etal.

Choctaw

Chickasaw

Kew Vork Indians.
StoekUiidije

Oto and Missouri.

Omaha

Delaware

Shawnee

Iowa

Kickapoo

Kaskaakia, Peoria, et
al.

iliami

Chippewa of Lake Su-
perior.

Chasta et al

Uirip(|ua et al

Nisquali et al

Willamette

Wvandot

Date of treaty or law

July 15, 1830, articles9 and 10.

July 31, lSi54, sections {actof
Congress).

September 27, 1830, articles
14 and 19.

October 20, 1832, article 4 ... .

Octolier 22, 1832, article 1

May 22. 1834, article 6

.January 15, 1838, article 2

Marcli 3, 1843 (act of Con-
gress), .\ugust (!, 1846 (act
of Congress), November 24,
1848.

.March 15, 1854, article 6

March 16, 1854, article 6

May 6, 1854. article 11

r. S. Statntes

May 10, 1854, article 2

May 17, 1854, article 6

May 18, 1854, .article 3

May 30, 1854, articles 2and3.

Chippewa of Missis- ■

sippi, etc.

Wiuuebago

Ottawa and Chippewa
Chippewa of Saginaw,

etc.
Stockbridgeand Mun-

see.

U wamish ct al

Skallam et al

Makiih

Walla Walla et al . . . .

Yakama

N ez Perc(5

Middle Oregon

Qui-uai-elt et al

Fhathead

Sioux (Mdewakanton-

wan and Wapekute

bauds).

June 5, 1854, article 2

September 30, 1854, article 3.

November 18, 1854, article 6. .
November 20, 1854, article 5. .
December 26, 1854, article 6. .
January 22, 18.55, article 4 . . .
January 31, 1855, articles 2

and 3.
February 22, 1855, article 2 ..

February 27, 1855, article 4 ..

July 31, 1855, article 1

August 2, 18.55, article 1

February 5, 1856, article 3 ..

.January 22, 1855, article 7 . .
January 26, 1855, article 7 . .
Janiuiry 31, 1855, article 7 ..

.June 9, 1855, article 6

June 9, 1855, article 6

.June 11, 1855, article 6

June 25, 1855, article 5

.July 1, 1855, article 6

July 16, 1855, article 6

Juue 19, 1858, article 1

VII
X

VII

All
All

vn

VII
IX

X
X
X

X
X

.X
X

X
XI
XI

XI

xu

XII
XII
XII
XII
XII
XII
XII
XII
.XII

Page

330
332

337

382
388
452
551
955

1039
1044
1050

1054
1070

1079
10S2

Kemat-ka

Optional.

Conditional
( see treaty
1860).

Conditional.
Do.

X

1093

X

1110

Option.al(

X

1123

Do.

X

1126

Do.

.\

1133

Do.

X

1145

Do.

X

1160

1166

1173
621
633

664

929
934
940
947
954
959
966
972
977
1031

Do.

Do.
Do;
Do.
Do.
Do.
Do.
Do.
Do.
Do.

645

646

IXDIAX LAND CESSIONS IN THK UNITED STATES [eth.axx. 18

SCHEDULE OF TREATIES AND ACTS OF CONORESS AUTHORIZING
ALLOTMENTS OF LAND ]N SEVERALTY— Coutinned.

Tribes

Sioiix (Sisseliin and
Wiihpetou bands).

Winuel)ago

Chippewa (Swan
Creek and Black
Kiver bands).

Kansa

Delaware

Potawatomi

Ottawa

Kickapoo

Nez PiTce

Chippewa (Saginaw,
Swan Creek, and
IJlack River bands).

Omaha

Middle Oregon

Choctaw ami Chicka-
saw.

Delaware

Cherokee

Sauk and Fox

Sinnx (Si-sseton and
Wahpeton bands)

Kiowa and Comanche.

Cheyenne

Vta'

Sioux

Crow

Cheyenne

Navaho

Shosboui and Ban-
nock.

Nez I'eicc

Klamath

Chippewa of Missis-
sippi.

Pawnee

SioMx, Northern Cliey-
enne. and Arapahii.

Chippewa of Bo is
Forte.

Chii)piwnof Red Lake

Clji|i]iewa in Minne-
sota.

Bannock, Shoshoui,
and Sbeepeaters.

I'ta

Crow

Umatilla ,

Ariliara, Gros Ventre,
and JIandan.

Assiiiiboin, Ciros Ven-
tre, I'iegan, lilood,
Blackfoot, River
Crow, and Sioux

S))okaue (Upper and
Middle bands).

Date of treaty or law

TT. S. Statutes

Volume Page

June 19, 18.58, article 1...

April 15, 18.59. article 1..
July 16, 1859, article 1. ..

October 5, 1859, article 1

May 30, 1860, articles 1 and 2.
November 1.5, 1861, article 2-.

June 24, 1862, article 3...

June 28, 1862, article 2

June 9, 1863, article 3

October 18, 1864, article 3

March 6, 1865, article 4 j

November 15, 1865, article 6-.
April 28, 1866, articles U to 16.

Jnlv 4, 1866, article 4. ........

July 19, 1866, article 20

October 1, 18.59, article 2

February 19, 1867, article 5 ..

October 21, 1867, article 6.
October 28, 1867, article 6.
Marcb 2, 1868, article 7 ...
April 29, 1868, article 6 ...

Mav 7, 1868, article 6

May 10, 1868, articles

June 1, 1868, artiile 5

July 3, 1868, article 6

August 13, 1868, article 1. .
October 14, 1864, article 6.
March 19, 1867, article 7 ..

Agrceuu-nt April 10, 1876

Agreement September 23-27,

1876, article 6.
Act of January 14, 1889

..do
..do

May 14,1880.

March 6.1880

June 12. 1882

March 3, 1885

Act of December 14, 1886,

article 3.
Agreement of December 28,

1886, article 6.

Agreement of March 18, 1887,
article 2.

XII
XII

XII
XII
XII
XII
XIII
XIV
XIV

XIV
XIV
XIV

XIV
XIV
XV
XV

XV
XV
XV
XV
XV
XV
XV
XV

XV
XVI
XVI

XIX
XI.X

XXV
XXV

XXI
XXII
X.XIII
XXVI

XXV

1037

1101
1106

111]

1129

1192

1238

623

648
657

668
752

774

794
805
468
506

583
595
620
637
650
656
668
675

693
709
721

28
256

643

643
643

688

200

42

340

1033

115

■139

Kemarka

OptionaK ?).
Do.

Do.
Do.
Do.
Do.

Do.
Do.

" For the asreenieiil. sec .\iniiial Keport Couuni.s.sioner nf Indian Affair-s for 1892, i>. 743.

ALLOTMENTS OF LAND IN SEVERALTY

647

SCHEDULE OF TREATIES AND ACTS OF CONGRESS AUTHORIZING
ALLOTMENTS OF LAND IN SEVERALTY— Continued.

•

IT. S. Statutes

Tribes

Bate of treaty or law

Remarks

Volnnie

Page

Ponka

Act of March 2, 1889, section

13.
Act of March 2, 1889, sections

8-10.

XXV

892

Sioux

XXV

890

Sisseton and Wahpe-

Agreement of December 12,

XXVI

1037

ton Sioux.

1S89. article 14.

Iowa

Agreement of May 20, 1890,
article 2.

XXVI

754

Sauk and Fox of the

Agreenicut of June 12, 1890,

XXVI

751

Mississippi.

, article 2.

Pota watonii

Agreement of June 25, 1890,
article 2.

XXVI

1017

Absentee Shawnee

Agreement of June 26, 1890,
article 2.

XXVI

1020

Cheyenne and Arapa-

Agreement of October, 1890,

XXVI

1022

ho.

article 3.

Ciow

Agreement of December 8,

1890.

XXVI

1042

Wichita

Agreement of June 4, 1891,
article 2.

XXVIII

896

Kiikapoo

Agreement of September 9,
1891, article 2.

XXVII

557

Toukawa

Agreement of October 21,
1891.

XXVII

644

Colville ResiTvation

Act of July 1, 1892, article 4..

XXVII

63

Indians.

Yankton Sioux

Agreement of December 31,
1892, article 4.

XXVIII

317

Ncz Perce

Agreement of May 1, 1893,
articles 2 and 7.

XXVIII

329

Yuma (in Calil'ornia). .

Agreement of December 4,
1893, article 2.

XXVIII

333

Sauk and Fox of Mis-

Act of August 15, 1894, article

XXVIII

296

souri.

1.

Uncompahgre Uta

Act of August 15, 1894, article

20.
Act of August 15, 1894, sec-

XXVIII

337

Wyandot

XXVIII

301

tion 1.

Southern Uta

Act of February 20, 1895, sec-

X.WIII

677

tion 2.

Kwapa

Act of March 2, 1895, section
1.

XXVIII

907

18 ETH, Pi' 1' — y

SCHEDULE OF lJ^^DI^:Nr

INDICATING THE NUMBER AND LOCATION OF EACH CESSION BY OR RESERVATION FOR THE

1894, TOGETHER AVITH DESCRIPTIONS OF THE TRACTS SO CEDED OR RESERVED,

THE NAME OF THE TRIBE OR TRIBES AFFECTED THEREBY,

Date''

Where or how
cotirhtded

Reference

1784

Oct. 22 Fort Stan wix,
New York.

Stat. L.,
VII, 15.

1785 I

Jan. 21 Fort Mcintosh! Stat. L.,
vil, 16.

Tribe-

J-fescrijiiion of cession or reservation

Six Nations of Article 3 of the treaty defiues the Avesteru liduudary oft.be Six
New York. Nations.-'

Article .3, after dclining said western boundary, provides "tbat
the Six Nations shall and do yield to the U. S.. all claims to
the couutrv W. of said boundary.'

By article 3 the U. S. also reserve 6 miles square around
fort of Oswego."

'the

Nov. 28

Hopewell on
K e o w e e
river.South
Carolina.

Stat. L.,
VII, 18.

Wyandot, Del- Defines their boundaries and reserves to the use of the V. 8.
aware, Chip- sundry tracts at v.arious points named,
pewa, and
Ottawa. I

Clierokee ' Article 4 fixes the following boundary between the hunting

grounds of the Cherokee aud the lauds of the U. S., viz: Begin-
ning at the mouth of Duck river on the Tennessee; thence
running NE. to the ridge dividing the waters running into
Cumberland from those running into the Tennessee; tlience
eastwardly along the said ridge to a NE. line to be run, which
.shall strike the river Cumberland 40 miles above Nashville;
thence along the said line to the river; thence up the said
river to the ford where the Kentucky road crosses the river;
thence to Campbell's line, near Cumberland Gap; thence to
the mouth of Claud's creek ou Holstein; thence to the Chim-
ney Top mountain; thence to Camp creek near tlie mouth
of Big Limestone on Nolichuckey; thence a southerly course
C miles to a mountain; thence S. to the North Carolina
line; thence to the South-Carolina Indian boundary ,aud
along tlie same SW. over the top of the Oconee mountain
till it shall strike Tugaloo river; thence a direct line to the
top of the Currohee niouutaiu ; thence to the head of the
S. fork of Oconee river.

' Tbo date in thin colinnn, in rnse of treaties, refers to the time of sis'iini; tlio treaty aud not to tlie ilate of the proclamation.
*The recent 8pelhu<; of tlie tribal names is followed in this eolnnin so far as ])racticable.
'The apellint; of the Indian names in this coliunn follows that i»f the treaties, etc.

648

L^^I:«^D CESSIONS

INDIAN TRIBES FROM THE ORGANIZATION OF THE FEDERAL GOVERNMENT TO AND INCLUDING
THE DATE OF TREATV, LAW OR EXECUTIVE ORDER GOVERNING THE SAME,
AND HISTORICAL DATA AND REFERENCES BEARING THEREON.

Historical data tiinl j'c>»((rfs

This western boiin<lary is described as Ijeginning at tlie mouth of a creek about
4 miles E, of Niagara, called Ovouwajea or Johustoo's Landing Place, on the
lake named by the Indians Oswego and by us Ontario; as running thence
southerly always 4 miles E. of the carrying path between Lake Erie and
Oni;ario to the mouth of Tehoseroron or liuttalo creek on Lake Erie; thence
S. to the north boundary of I'ennsylvnnia ; thence \V. to the euil of said north
boundary ; thence S. along the west boundary of said state to the Ohio river.
This boundary is shown on the map of New York by a dotted black line.

The cession within the state of New York herein made consisted of all that
portion of the state lying N. of said described boundary line, except that
portion of the "4-nule strip ' extending from Oyouwayea to Fort Schlosser,
which had already been ceded to the IJritish in ITGo. It also included all
claim the Six Nations had by rinht of contjuest to territory W of the Ohio
river, but which is covered by the re specilic cessions of other triltes. It
further included all that part of Pennsylvania lying N. and \V. of the bound-
ary line established by treaty of Nov. 5, 176><, between the Six Nations and the
British superintendent of Indian affairs as shown on map of that state,
colored green. The cession herein made was afterward renewed and con-
firmed (in order to remove dissatisfaction among a portion of the Six Nations)
by treaty of Jan. 9, 1789. At a subsciiuent treaty made Nov. 11, 1794. that
portion of the cession above described lying within the state of New Y'ork
(except the 4-mile tract from Oyonwayea to Fort Schlosser ) was relinquished
by the U. S. and declared to be within the rightful boundaries of the Seueka
nation.

This treaty was never carried into efi'ect, owing to the hostile attitude assumed
by a large projiortiou of the Ohio tribes, and it was finally superseded by the
treaty of Aug. 3, 1795. at Greenville.

The Cherokee ceded to the L'. S. all claim they had to the country lying N.
and E. of this line. The country thus ceded comprised a tract in North
Carolina lying W. of the Blue Ridge and also a tract in Tennessee and Ken-
tucky lying S. of Cumberland river. The third clause in the description is
somewhat ambiguous. Con3true<l literally and directly it would imply that
the "NE. line" should be run (south westward) from a point on Cumberland
river 40 miles above Nashville ; and in his exhaustive discussion of the treaty
in his memoir, '■'i'lie Cherokee Nation of Indians" (Fifth Annual Report of
the Bureau ot Ethnology, 18!*7, p. 1.53), Royce intimates that it was in
order to take adv.antage of the ludiaus that a less direct construction was
adopted. This indirect construction would seem to require modification in
the punctuation, so that the clause might read, e. g., thence easticardh/ aloiKj
tlie said ridije to a SE. line, to he run. n-kivh nhatl strike the rirer Ciimherland, iu
miles ahore XasJiville: or a transpositimi of the ideas exjjressed by the suc-
cessive phrases, so that the clause might read, e. g., thence easttcardli/ atontj
the said ridge to a XJi. line to he run -10 miles ahoce Kashrille, which shall
strike the rirer Cumherland; i. e., the construction involves the supposition
that the phrase " 10 miles above Nashville" relates to the ridge and not to the
river. Actually the line was not run for a dozen years, and meantime the
indirect construction was affirmed by the language used in the treaty of
1791. When the line was finally surveyed by General Winchester, in the
autumn of 1797, it would appear that the usual discrepancies between the
boundary as defined on paper and that traced on the ground were introduced.
After much research Royce was able to retrace Windiestcr's devious line
with satisfactory accuracy, and makes use of it as the bound.-iry on his mai)
(loc. cit.. plate viii ) ; but since the direct line is more nearly in accord with the
language of the treaty, and since no material interests are now involved, it
has been adoi)ted in the accompanying map. To facilitate comparison, the
Wiuchester line is retauu-d, and to permit ocular comparison between the
boundaries as defined by the two constructions of the ambiguous clause,
the line defined by the direct construction is introduced also,— W J il.

Designation of cession on map

Xumhei-

(Dotted
black
line.)

Location

New York.

Pennsylvania.

New Y'ork.

Tennessee and border-
ing .States.

649

650

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. AN.\. IS

SCHEDULE OF I^DI^^

Date

JVherr or how
concluded

lieferetice

Tribe

Description of cession or reserration

1786

Jail. I

Hopewell on
Iv o o \v <■ e
river, South
Cai'oiiDa.

Stat. L., Choctaw
vii, 21.

,Iaii.

10 Hopewell on
K e o vr e e
river, South
Carolina.

Stat.

VII,

L.,
24.

Chickasaw .

,Iau. 31

M o u t h of
Great Mia-
mi river.

Stat. L.,
VII, 26.

Shawnee .

1788

Sept. 3

1789
Jan. 9

Jan. 9

Ordinance Christian Ti
of Con- I dians.
gress.

I

Fort Harmar,
Ohio.

Fort Harmar,
Ohio.

Stat. L.,
VII, 28.

Stat. L.,
VII. 33.

■Wyandot,Del-
aware, Ot-
tawa, Chip-
pewa, Pot-
aw a 1 m i ,
and Sauk.

Six Nations .

Article 3 provides that " The houmlary of thr lands herebv
allotted to the CUoitaw nation to live and hunt cm within
the limits of the United States of America is and shali bo
the following, viz : Beginning at a point on the thirty-first
degree of N. latitude, where tho eastern boundary of the
Natclies district shall touch the same; thence E. along the
said thirty-lirst degree of N. latitude, being flic southern
boundary of the United States of America, until it shall
strike tiie e.astern boundary of the lands on which the
Indians of the said nation did live and hunt on tho 29th of
Nov., 17^2, while they were under the protection of the King
of Great liritain; thence northerly along the gaid eastern
boundary, until it shall mei-t the northern boundary of the
said lauds; thence westerly along the said northern bound-
ary, until It shall meet the western boundary thereof;
thence southerly along the same to tho beginning.''

By tho same article there is reserved for the use of the U. S.,
for the establishment of trading posts, three tracts of »3
miles square each within the geueial limits of the above-
described boundaries at such places as Congress may des-
ignate.

Article 3 defines tho boundaries of the Chickasaw as follows:
Beginning' on the ridge that divides the waters running into
the (_'uniberland, from those running into the Tennessee, at a
l)oint in a line to be run XE., which shall strike the Ten-
nessee at the mouth of Duck river; thence westerly along
said ridge, till it shall strike the Ohio; thence down the S.
bank thereof to the Mississippi; thence down the same to
the Choctaw line or Natchez district; thence along said
line, or the line of the district eastwardly as i'ar as the Chick-
asaws claimed and lived and hunted on, the 29tli of Nov.,
1782. Thence the said boundary eastwardly shall bo tho
lands allotted to the Choetaws and Cherokces and the lands
at present in the possession of the Creeks.

From the foregoing territory there was reserved by the U. S.
for the establishment of a trading post a circular tract 5
miles in diameter to be laid out at the lower port of the
Muscle shoals at the mouth of Ocochappo river.

The U. S. allot to the Shawanoe nation the following country,
to live and hunt upon: Beginning at the S. line of the lands
allotted to the Wyandots and Delaware nations, at tlie place
where the main branch of the Great Miami which falls into
tho Ohio intersects said line; thence down the river Miami
to the fork next below the old fort which was taken by tho
Frencli in 1752; thence due AV. to the river de la I'anse and
down that river to the Wabash. Tlie Shawanees rclini[ui.sh
to the U. S. all claim to lands E., AV., and S. of the E., W.,
and S. lines before described.

Congress set apart a tract of 4,000 acres at Shoeiibnin on
Muskingum river for Christian Indians.

Congress set apart a tract of 4,000 acres at Gnadenhutten on
Jluskingum river for Christian Indians.

Congress set apart a tract of 4,000 acres at Salem on Muskin-
gum river for Christian Indians.

Reaffirm boundaries and reserves under treaty of Jan. 21, 1785,
and cede all other claims.

The Six Nations renew and confirm the provisions as to lioiiml-
aries established by treaty of Oct. 22, 1784.

CESSIONS OF 178G-1789

651

Li^jN"I3 CESSIOIS^S-Contiii^ied.

JJisttn-ical data ami remarks

No selection or survey was ever made of tUt'So three proposed reservations.

The Ocochappo rivrr here mentioued is now called Bear creek,
was ever made of the boundaries of tliis proposed reservation.

No survey

This tnaty was never carried iutoeli'ect. owinK totlie continued acts of hostility
on the part of the Shawnee toward citizens of the I'. S., and it was finally
superseded liy the provisions of tlie treaty of Aug. 3, 1795, at Greenville.

Designation uf cession on map

y umber

Purchased by act of Congress of Mar. ,3, 1823. (See that act)
Purchased by act of Congress of Mar. 3. 1823. (See that act)
Purchased by act of Congress of Mar. 3, 1823. (See that act)

This treaty was never carried into effect, owing to the uninterrupted hostilities
ou the part of the Indians, and it was finally superseded by the provisions of
the treaty of Ang. 3, 1795, at Greenville.

See note opposite treaty of Oct. 22. 1784. [The only change from the treaty of
Oct. 22, 1784. is the addition of the Avords '• and south " after " north " in the
following clause : " And then they shall be secured in the peaceful possession
of the lauds they inhabit, east and north of the same.'' The Mohawk were
not included in this treaty, but by article 4 were allowed to becsme a party
by declaring their assent within six months from the date thereof.]

Location

Ohio.
Ohio.
Ohio.

652

INDIAiSr LAND CESSIOXS IX THE UNITED STATES.

[ETH. ANN. 18

SCHEDULE OF i]^rDi^:Nr

Vate

Where or how
conchided

Description of cession or rrserratioii

1789
Jau. 9

1790

Aug. 1

Fort Harmar,
Ohio.

N e \v York
City.

1791
Mar. 3

July 2

Act of Cou-
gresB.

On H o 1 s t o 11
river, near
mouth of
French
Broad.

Stat. L.,
VII, 33.

Stat. L.,
VII, 35.

Stat. L.,
I, 221.

Stat. L.
VII, 39.

Six Nations . . .

Creek.

Piankishaw
and KaskaE-
kia.

Cherokee .

1794

Nov. 11

Kon -on-(lai-
gua. New
York.

Stat. 1,.,
VII, 44.

Six Nations. .

The U. .S. confirm to the Six Nations all l;inil,s inhaliiteil by]
them and not herein previously cetleil. |

The U. S. coutirm the Oneida and Tuskarora in the possession
of their respective lands. J

Article 4 defines the boundaries of the Creek nation as fidlows :
Beginning where the old line strikes the river Savannah;
thence up the said river to a place on the most northern
branch of the same, commonly called the Keowee, where a
NIC. line to be drawn from the top of the Occunna mountain
shall intersect; thence along the said lino in a S\V. direction
to Tiigelo river; thence to the top of the Currahec mountain ;
thence to the source of the main,^outh br.anch of the Oconeo
river, called the Appalaehee ; thence down the middle of said
main south branch and river Oconee to its confluence w ith
the Oakniulgee, which form the Altamaha ; and thence down
the middle of the Altamaha to the old line on the said river,
and thence along the .said old line to river St Mary's.

The Creeks cede all claim N. andK. of the foregoing boundaries.

Provides that 1.50 acres at Vincennes, hi-retofore in the posses- 1
sion of the Piankishaws, shall be given to the persons in pos-
session thereof at the date of this act.

Provision is further made that the tract previously occupied
by the Kaskaskias at their village shall be confirmed to their
use.

Article 4 provides that the boundary between the U. S. and the
Cherokee nation shall begin at the top of the Cnrrahee moun-
tain where the Creek line passes it; thence a direct lino to
Tugelo river; thence NE.to the Ocunna nuiuutaiu and over
the same along the South-Carolina Indian boundary to the
North-Carolina boundary ; thence N. to a point from which a
line is to be extended to the river Climli, that shall pass
the Holstou at the ridge -which divides tlie waters running
into Little river from those running into the Tennessee;
thence uj) the river Clinch to Campbell's line, and along the
same to the top of Cumberland mountain; thence a direct
line to the Cnmberl and river where the Keutncky road crosses
it; thence down tin- Cumberland river to a point from which
a SW. line v ill stiike the ridge which divides the \v.aters of
Cumberland from those of Duck river, 40 miles above Nash-
ville; thence down saiil ridge to a ]ioint from whence a SW.
line will strike the mouth of Duck river.

The Cherokee cede and relinquish to the U. S. all land to the
right of the line described and beginning as aforesaid.

By article 2 the U. S. acknowledge the title of the Onondaga,
Oneida, and Cayuga to the reserves given them by treaty
with the state of New York.

By article 3 the boundaries of the Seueka nation are defined as
beginning on j^ake Ontario at the N\V. conni- of the land
they sold to I >li ver Phelps ; thence westerly along the lake as
far as O yong wong yeh creek at Johnson's Landing jdace,
about 4 miles eastward from Fort Niagara; thence south-
erly up that creek to its main fork; thence straight to the
main fork of Stednian's creek, which empties into the river
Niagara above Fort Schlosser, and then onward from that
fork in the same straight course to that river (tins hue, from
th(^ month of () yong wong yeh creek to the river Niagara

bovce]

CESSIONS OP 1789-1794

653

L^:N"D OESSIOI^S-Contin^-ied.

Historical dnta and rcmarkfi

Designation of cession on map

Xumher

Location

Tlii-se lands were within the state of New York and were ceded by the Indians
from lime to time nnder treaties made with the authorities of that state.
They do not come within the scope of this work.

Tlie licundaric

>f these tracts ha\-e not l>een ascertained.

The boundary of the territory codeil by the Cherokee under this treaty was not
determined until 1797, when it was fixed by Hawkins and Pickens, as shown
in aecompanyinf; map. For history see 5th Annual Keport of Bureau of
Ethnology, pp. 158-169.

The Oueida have since sold their lands to thi' state of New York and live jirin-
cipally with the Onondaga and 8eneka.

Prior to 1793 the Onondaga reserve contained over 100 square miles. By treaty
of Mar. 11, 1793, with the state of New York they sold over three-fourths of it.
By treaty of .July 28, 1795, with New York they soUl a portion of the remain-
der. By treaty of Feb. 25, 1817, with New York they sold 4,320 acres more.
Feb. 11. 1822, they sold New York 8O0 acres. They still retain 6.100 acres.

The Cayuga, by treaty of Feb. 2.i. 1789, with New York sold all their country
except 100 s«iuare miles on Cayuga lake, a few acres on 8eneca river, and 1
mile square at Cayuga ferry, .luly 27. 1795, they sold to New York all but 3
square miles. May 18, 1803, they sold to New York all their remaining lands.
The boundaries of the original Caynga and Onondaga reserves are shown on
the map of New York and are colored green.

The boundaries thus established amounted to a retrocession to the Seneka of
a portion of the territory ceded by the Six Nations to the F. .S. by treaties
of Oct. 22, 1784, and Jan, 9, 1789. The boundaries of the Seneka as herein
established are indicated on the map of New York by crimson lines.

Georgia.

Tennessee and border-
ing States.

10

New York.

Now York.

New York.

G54

INDIAN LAND CESSIONS IX THE UNITED STATES

[ETH. A.NX. 18

SCHEDULE OF INr)I^]Sr

Date

irjiei'c or how
concluded

Reference

1794
Nov. 11

Kou-ou-dai-
gua, New
York.

1795

Auk. 3

Green eville,
Ohio.

Stat. L.,
VII, 44.

.Stat. L.,
VII, 49.

Tribe

Descri/iiion of cession or restrralion

Six Nations. .. above Fort Schlosser, being the eastern boundary of a strip
of land extending from the same line to Niagara river, •vvliich
the Seneka nation ceded to the King of Great Britain at
a treaty held about thirty years ago, Tvith .Sir William
.lohnson); then the line runs along the river Niagara to
Lake Erie; then along L.ake Erie to th(! NE. corner of a tri-
angular piece of laud which the U. S. conveyed to the state
of Pennsylvania by p.atent dated Mar. 3, 1792; then due S.
to the N. boundary of that state; then due E. to the SW.
corner of the land sold by the Seneka nation to Oliver Phelps ;
and then N. and northerly along Phelps's line to the place
of beginning on Lake Ontario.

By article 4 the Six Nations engage that they will never claim
any other land witliin the boundaries of the U. S.

By article .'> the Six Nations cede to the I'. S. the right to con-
struct a wagon road from I'ort Schlosser to Lake Erie as far S.
as Buflaloe Creek; also the free use of all harbors and rivers
within their limits.

Wyandot, Article 3 defines the general boundary line between the lands of
Delaware, the U. S. and the lands of said tribes as follows: Beginningat

Shawnee, tlio mouth of Cayahoga river and run thence up the same to

Ottawa, the portage between that and the Tuscarawas branch of the

Chippewa, i Muskingum; thence down that branch to the crossing place
Potawato- I aliove Fort Lawrence; thence westerly to a fork of that
mi, Miami, i lu'anch of the Great Miaiiii river running into the Ohio at or
Eel Kiver, ' near which fork stood Lon>nii<''8 store and where commences
Wea, Kick- ; the portage between the Miami of the Ohio and St ilary's
apoo. Plan- ; river, which is a branch of the Miami, which runs into I^ake
kishaw, and j Erie; thence a westerly course to Fort Recovery, which
Kaskaskia. i stands on a branch of the Wabash ; then southwesterly in
a direct line to the Ohio, so as to intersect that river oppo-
site the mouth of Keutucke or Cuttawa river; and the said
Indian tribes cede and nlimiuish forever all claim to lands
lying eastwardly and southwardly of said general boundary
line.
The Indians also cede to the II. S. a number of small tracts of
land within the general limits of the territory reserved by
the former, as follows:

1. Six miles square at or near Loromie's store

2. Two miles square at the head of navigable water on St
Mary's river, near Girty's town.

3. Six miles square at the head of navigable water of Au-
Glaize river.

I. Six miles square at the confluence of Au-Glaize and
Miami rivers where Fort Defiance stands.

ri. Sis miles squaie at or near the confluence of St Mary's
and St .Joseph's rivers, where Fort Wayne stands or
near it.

(!. Two miles square on the AVabash at the end of the port-
age from the Miami of thehike, aboutSmiles westward
from Fort Wayne.

7. Six miles S(|nare at the (^)uatauon or old Weea towns on
the Wabash.

8.

10.

Twelve miles square at the British fort on the Miami of
the lake, at the foot of the rapids.

Six miles square at the mouth of the Miami of the Lake,
where it empties into Lake Erie.

Six miles square on Sandusky Lake, where a fort form-
erly stood.

11. Twomiles square at the Lowerrapidsof Sandusky river. .

12. The post of Detroit and all land to the N.,W.,and S.

of it to which the Indian title had been extinguished
by gifts or grants to the French or English govern-
ments, and so much more land to be annexed to the
district of Detroit as sliall bo comprehended between
the river Rosine on tlje S., Lake St Clair on the X., and
a line the general course whereof shiiU be fi miles dis-
tant from the W. end of Lake Erie and Detroit river.

CESSIONS OF 1794-1795

C55

L^^D CESSIO]>^S— Continued.

Historical (hita out! remarks

Designation of cession on map

JVumftei'

This was intended to be n reiteration of tlio ri'lini]nislnnent made by treaty of
1784 to all lauds W. of Ohio rivt-r.

The tract herein ceded comprised the eastern and sonthern portions of Ohio,
embracinj; nearly two-thirds of the state, and a triangular piece in south-
eastern Indiana.

Location

U

Ohio, Indiana.

Surveyed in ISO.'i

Surveyed in .June, 1803

Surveyed in .June. 1803

This tract -was never surveyed, and by treaty of Sept. 30, 1809, with the Dela-
wares and others it was retroceded by the U. S. to the Indians. Its bounda-
ries are ap]U'oximately shown on the map by scarlet lines.

Surveyed in Dec., INC."), by virtue of act of L'on>;res8 of Mar. 3, 1805; subdivided
and sidd in accordance with act of Consress of Apr. 27, 1816.

Surveved in 1806 bv Ewins; under act of Congress of Mar. 3, 1805

Found to lie within limits of Connecticut Western reserve and therefore never
separately surveyed. The location of this tract is approximately shown on
the map by dotted black lines.

Surveyed by Ewiug in 1807 under act of Congress of Mar. 3, 1805 ; subdivided
into town lots and sold under act of Congress approved Apr. 27, 1816.

The necessity for the establishment of the boundaries of this tract was super-
seded by the conclusion of the treaty of Nov. 17, 1807. whereby the Indians
ceded to the U. S. a large extent of territory surrounding and including within
its general limits the tract described. The approximate limits of this tract
are, however, shown on the map by a dotted black line.

12
13

14

Ohio (detail).

15

16

Indiana (detail).

17

Indiana (detail)

Indiana.

18

Ohio (detail).

19

Ohio (detail).

Ohio.

20

Ohio (detail).

Michigan (from S

navv bay to Lake
Erie).

056

INDIAN LAND CESSIONS IN THE UNITED STATES

[eth. A.\:«. 18

SCHEDULE OF IH^DI^IN^

Tliile

Wliere or liow
concluded

Reference

Tribe

•

Zh'scripttttn of cession or reserration

1795

1

Aug. 3

Greeueville,

Stat. L.,

Wyandot,

13.

The post of Jliibilliniaekinac, and all the land on the

Ohio.

VII, 49.

Delaware,
Shawnee,
Ottawa,
Chippewa,
Potawato-
mi, Miami,
Eel River,
Wea, Kick-
apoo, Pian-
kishaw.and

island ou whieh the post stands, and the mainland
adjacent, of which the Indian title has been extin-
guished by gifts or grants to the French or English
governments.

Also a piece of land on the main to the N. of the island,
to measure (! miles ou Lake Huron or the streight be-
tween lakes Huron and Michigan, audio extendi miles
back from the water of the lake or streight.

Also Do liois lUane island, being an extra and volun-
tiiry gift of the Chippewa nation.

Kaskaskia.

14.
15.
16.

17.

18.

19.
20.
21.

Six miles siiuare at mouth of Cliikago river, emptying
into the S\V. end of L.ake Michigan where a fort form-
erly stood.

Twelve miles square at or near the mouth of Illinois river.

Six miles square at theoldPiorias fort and village, near
S. end of Illinois lake on Illinois river.

The Indians .also grant the peojde of the U. S. a free pas-
sage by water and laud through their country along
the chain of posts from Loromic's store via the St
Mary's to Fort Wayne and dnwn the JliamitoLako
Erie; also from Lornmie's store dowil the Auglaize to
Fort Delianee ; also from Loromie's store to Sandusky
river and down the same to Sandusky bay ; also from
Sandusky to the foot of Miami rapids and thence to
Detroit; also from mouth of Chikago to llliuois river
and down same to the Mississippi; also from Fort
W.iyne to the Wabash and down Wabash to the Ohio.

The r. S. relinijuish their claim to all other Indian lands
N. of the river Ohio, E. of the Mississippi and W. and
S. of the Great Liikes and the waters uniting them,
according to the boundary agreed on in the treaty of
1783 between U. S. and threat Britain, except the tract
of 1.50,000 acres, near the rapids of the Ohio, assigned
to General Clark for the use of himself and his w.ar-
riors.

The II. S. .also reserve and except the post of Vin-
cenues on the river Wabash and the lauds adjacent of
which the Indian title had previously been extin-
guished.

Also the lands at .all other places in possession of the
French ])eople and other white settlers among them, of
which the Indian title has been extinguished by grants
to the French and English governments.

Also the post of Fort Massac, tow,ard the mouth of the
Ohio.

1796

May HI

New York

Stat. L.,

Seven Nations

The Seven Nations relinquish to the state of New York all

City.

VII, 5.5.

of Canada.

claim to lauds within tliat statf, with certaiu reserv:itions:
A tract 6 miles sciuare, reserved in the sale made by the com- ;

mis?

loners of the land office of New York to Alexander

Mapomb for the use of the St Ret;is Indians, is contiriued as

a reservation for them.

One square mile is also reserved at each of the St Eegis mills

and

meadows on (irass river for said Indians.

CESSIONS OF 1795-1796

657

l^J^^sT) CESSIONS-CoiatinxTed.

This cimsists of twn sep^irate tracts,
iiiaiulaiid on tbe 8.

belli'' tLe island ami the other the

Surveyed in 1-Sl

i

Any necessity for the snrvey of this tract was snperseded by the Kaskaskia
cession of Ani;. VX 1SI13. and Sauk and Fox ccssionof Xov. 3, 1804. The bound-
aries are apiiroxinjately shown by dotted black lines.

Any necessity for the survey of this tract was .sn|)erseded by the Kaskaskia
cession of Aug. 13, 1803. and Sank and Fox cession of Xov. 3, 1804. The bound-
aries are approximately shown by dotted black lines.

In .July, 1779, two Fiankishaw chiefs deeded to George Rogers Clarke atract 2i
leagues square on the N. side of Ohio river, opposite the falls. Virginia never
contirmed this grant. Jan. 2, 1781, Virginia ceded to Congress conditionally
all right to territory N\V. of the Ohio river. Sept. 13, 1783, Congress accepted
the cession. Dec. 20, 1783, Virginia authorized her delegates in Congress to
convey the same to the U. S. The deed was executed Mar. 1, 1784, and con-
tained a condition that not exceeding 1.50,000 acres promised by Virginia
should be granted to Gen. George Rogers Clarke and the officers and soldiers
of his regiment, to be laid off in one tract in such place on the N\V. side of
the Ohio as a majority of the officers shall choose, and to be divided among
the officers and soldiers in due proportion, according to the laws of Virginia.
The tract when first laid off was called the Illinois grant and afterward
Clark's grant.

There having arisen .i dispute as to the proper boundaries of this tract, they
were specifically defined by treaty of June 7. 1803.

This was an indefinite reservation and w.is never more specifically defined.

This post was at the mouth of Massac creek, a short distance K. of the present
site of Jletropolis City.

This was simply the relinquishment by those members of the Six Nations
who had removed to Canada after the Revolutionary war of any undivided
interest they might claim or be admitted to have in the territory of their
New York brethren, and which had been or should thereafter be ceded by the
latter to the state of New York.

This tract in its original boundaries, as surveyed in 1799, w>as 7i miles long on
the N. boundary and 11 miles, 15 chains, GO links on the S. boundary; the E.
boundary was 3 miles, 10 chains, 3 links in length and the W. boundary,
from the State line to St Lawrence river, was 2 miles, 41 chains. Only
the original boundaries of the reserve ar(! here shown, although its area has
been reduced (by several purchases made by state of New York) to 14,030
acres.

These tracts were to be reserved only in case the mills should be found to be
outside the ti miles square tract. The boundaries of the latter tract, as
shown on the map, include the mills.

23
24

Michigan 1.

Michigan 1.

Michigan 1
Illinois 2.

Illinois 1.

Illinois 1.

Indiana.

2t)

Indiana, Illinois 1.

27

Illinois 1.

28

New York.

658

INDIAN LAND CESSIONS IN THE UNITED STATES

lETH. ANN, 18

SCHEDXTLE OF II^DI^^I>^

Date

1796

TI 'flo'e or how
concludeil

lieference

Tribe

June 29 j Colerain, Stat. L., ', Creek.
Georgia. vii, 56.

1797

Mar. 29 Albany, New I Stat. L.,
York. I VII. 61.

Sept. 15 Genesee, New Stat. L.,
(Con- York. ' vii, 601.

tract.)

Description of ces-siuu or rescrration

Mohawk

Seneka.

By article 3 the Creeks concede to the U. S. the right to estab-
lish a trading or military post on the S. side of the Alatamaha
river, on tlie bliitt' about 1 inilealiove Heard's bhitf, or any-
where lower down the river, and to annex thereto a tract of
land 5 miles siiuare, bordering on one side on the river.

By article 4 the (_'reek8 conceded a general right to the U. S. to
establish necessary military or trading posts within their
territory, with reservationsof 5miles8cinare of land attached,
with the stipulation that whenever any of the posts shall be
al)andoned the land shall revert to the Indians.

The Mohawks cede to the state of New York all claim to land
within the territorial limits of the state.

The Senekas .sell to Rpbert Morris a tract hounded as follows:
Easterly by the land contirmed to Oliver Pheljis and Na-
thaniel Giirhani l>y the legislature of the Commouwealth of
Massarlmsefts, by act of Nov. 21, 1T8S; southerly by the N.
boundary line of the state of Pennsylvania ; westerly, jiartly
hy a tract of land, part of the land ceded by the state of
Massachusetts to the U. S. and by them sold to Pennsylvania,
being a. right-angled triangle whose hypothennse is in or
along the shore of Lake Erie; partly by Lake Erie from the
north<'rn point of that triangle to the southern hounds of a
tract of land 1 mile in width lying oa and along the E. side
of the strait of Niagara, and partly by the said tract to
Lake Ontario; and on the N. by the boundary line between
the*ll. S. and the King of Great Britain. From this cession
the Senekas reserve sundry tracts, as below enumerated:

1. A tract containing 2 square miles at Canawagns, to

include the village and 1 mile in breadth along the
river.

2. A tract containing 2 square miles at Big Tree, to

include the village and 1 mile in breadth along the
river.

3. A tract containing 2 sc|Uiire miles at Little Beard's

town, to include the village and 1 mile in breadth
along the river.

4. A tract containing 2 square miles at Squawky Hill, 1

square iriile to be laid off along the river to include
the village and the other directly west thereof and
contiguous thereto.

5. A tract at Gardeau, beginnijig at the mouth of .Steep

Hill creek ; thence due E. until it strikes the old ])ath ;
thence S. until a due W. line will intersect with certain
steep rocks on the W. side of Genesee river; thence
due \V., N., and E. to the beginning, inclosing asmuch
land on the \V. as on the E. side of the river.

6. A tract at Kaounadeaii along the river 8 miles in length

and 2 miles m breadth.

7. A tract at Cataraugos, beginning at the mouth of Eight-

een Mile or Kogh(]iuuigu creek; thence a line or lines
drawn parallel to I^ake Erie, 1 mile from the lake to
the mouth of ( 'ataraugos creek ; thence a line or lines
extending 12 miles up the \. side of said creek at a
distance of 1 mile therefrom; thence a direct line to
said creek : thence down the said creek to Lake Erie;
thence ahuig the lake to the first mentioned creek,
and thence to the place of beginning.

8. Also one other tract at Cataraugos, beginning at the

shore of Lake Erie on the S. side of Cataraugos creek
at the distance of 1 inib^ from the month ; thence run-
ning 1 mile from the lake; thence on a line parallel
thereto to a ^loint 1 mile from the Coiinondninvcyea
creek; thence up the said creek 1 mile in a line par-
:illel thereto ; thence on a direct line to the said creek ;
thence down the same to Lake Erie; thence along tlie
lake to the beginning.

CESSIOXS OF 1796-1797

659

L^jSTD CESSIOjSTS— Continued.

Historical diiia ami rfiiiayl'8

A fort calleil Fort James was established at the point uameil, but by the terms
(if ai;reeiiieiit with the Indians no bonudary lines of the reservaiion were
l)erniitted to be surveyed or established.

No desi^uation by bonndarv of anv such tracts was made.

This was a general rcliui|uishnR'nt of their claim as one of the Six Nations, but
is more specirtcally covered by cessions made by the Six Nations in their
aggregate capacity.

This sale to Robert Morris incluiled all of the country assigned to the Seneka
by treaty of Nov. 11. 1791. except the reservations herein enumerated and
excepting also a tract 1 mile in widtli along the K. side of Niagara river
between the mouth of liutt'alo creek and Lake Ontario.

Designation o'' cession on map

Subsecinently sold to the state of New York

Subsequently sold to the st.ate of New York

Sidd to I >liNer Flielps by treaty, .luiie ."0. 1.S02

Subsei|nently sold by the Seneka -

Subseiiuently sold by the Seneka

Subs<'i|uently sold by the Seneka

By treaty of .June 30. 1801'. the Seneka relinquished this tract to the Holland
Land Company, and that conijiany in turn granted ihem a tract which not
only included nearly all this Cattaraugus reserve but also a considerable
tract of surrounding territory.

Kelinquished to the Holland Land Comiiany by treaty of June 30, 1802

Niimbev

29

30
31
32
33

35
36

Location

] New York.

37

660

INDIAN LAND CESSIONS IN THE UNITED STATES

[eth. AXS. 18

SCHEDXTLH; OF I^DI^\^^

Date "''■^''^ "'■ '""'' Reference

1797

Sept. 15 ! Genesee, New
(Con- i York,
tract.)

1798
Oct. 2 , Tellico, Ten-
I iiessee.

1801
Oct. 1'

1 Chickasaw
Ijluffs, Ten-
nessee.

Dec. 17

Fort Adams,
Mississippi.

Stat. L.,
VII, 601.

Stat. L.,
VII, 62.

Stat. L.,
\n, 65.

Stat. L.,
VII. 66.

1802

June ]l) Fort Wilkin-
son, Geoigia.

Trihf

Seneka .

Cherokee .

Cliickasaw

Choctaw

Stat. L.,
VII, (iti.

Creek .

Description of nssion or reserralioii

■ !>. The Senekas reserve a tract of 12 .sunarc miles at or
near Allegenny river.

10. Also a tract at Buffalo creek

11. Also a tract at Taunawauta creek

12. The Senekas reserve a tract at Oil Spring

The Cherokee nation cedes to the U. S. all lands within the fol-
lowing ■ boundaries, viz: From a pidnt on the Tennessee
river below Tellico Block House, called the Wild-Cat Kock,
. iu a direct line to the Militia spring near the Mary villo road
leading from Tellico; from the said spring to the Chill-
howie mountain by a line .so to be run as will leave all the
farms on Nine Mile creek to the northward and eastward of
it, and to be continued along Chillhowie mountain until it
strikes Hawkins's line ; thence along the said line to the great
Iron mountain; and from the top of which a line to be con-
tinued in a southcastwardly course to where the most south-
wardly branch of Little river crosses the divisional line to
Tuggaloe river.

Also from the jdace of beginning, the Wild Cat Rock, down
the NE. margin of the Tennessee river (not including
islands) to a jioint or place 1 mile above the junction of that
river with the Clinch, and from thence by a line to be drawn
iu a right augle until it intersects Hawkins's line leading
from Cliucli; thence down the said line to the river (_'linch;
thence np the said river to its junction with Emmery's
river; and thence up Emmery's river to the foot of Cumber-
land mountain; from thence a line to be drawn northeast-
wardly, along the foot of the mountain, until it intersects
w ifh Campbell's line.

The Chickasaw nation cedes to the U. S. the right to lay out
and open a road through their land between the settlements
of Mero district, Tennessee, taiul those of Natchez, Jlissis-
sippi, provided that Jhe nectary ferries over streams
crossed by said road .shaft be the property of the Chickasaw
nation. ' .

The Choctaw nation cedes to the U. S. the right to lay out and
open a wagon road through their lands, commencing at the
northern extremity of the settlements of Jlississippi terri-
tory and from tbence by such route as may be selected until
it strikes the lands claimed by the Chickasaw nation.

The Choctaws and the U. S. mutually agree that the old line of
demarkation heretofore established by and lietween the otii-
cers of his Brittauii' Majesty and the Choctaw nation, which
runs iu a jiarallel direction with the Mississippi river and
eastward thereof, shall be retraced and plainly marked, and
that the said line shall be the boundary between the settle-
ments of Mississippi territory ami the Choctaw nation.
And the said nation relini|uishes to the C S. all claim to laud
lying between said line and the ilississijipi river bounded
S. by the 31" of N. latitude and N. by the Yazoo river where
the said line strikes the sami'.

The Creeks cede to the U. .'^. all land between the fidlowing
bounds and the lines of the extinguished claims of said na-
tion heretofore ascertained and establishrd liy treaty: Be-
ginning at the upper extremity of tl'.o high shoals nf the
Appalachee river, the same being a branch of the < Iconeo
river, and on the southern bank of the same, running thence
a direct course to a noted ford of the S. branih of Little
river, called by the Indians Chattochui'cohatchec; thence
a direct line to the mam brauch of Commissioner's creek,

CESSIONS OF 1797-1802

6(;i

L^V^s"D CESSIO^^R-Coiitiniied.

Designation of cession on map

Hhtitrtcdl thitn (iiifj mnayl>t

Xiimber

Location

<

.38

39
10

Thn tnicts at Biittalo creek and Toiiawaiida creek were to coutaiu in the

New York.

aggregate 200 siiuare miles. Tlie Tonawanda tract, as selected, comprised

71 S(|uare miles, and is shown on the nuij) in green.

This was intended to have been specitically reserved to the Indians by the

11

terms of this contrart, but by inadvertence it was omitted from the 'text.

The Indians, however, always maintained their right to it. They instituted

suit in IS'iU for the ejectment of trespassers, and their title to the reserve

was finally established by judgment of the New York court of appeals.

This cession comprised three detached tracts: One lying between Hawkin.s

42

Tennessee and border-

line and Tennessee river, in Tenne.ssee; one lying between I'ickens lino

ing States.

and Meigs line, in Tennessee and North Carolina, and one lying between

.

Cumberland mountain and Clinch river, in Tennessee.

The line of road, as established under this authority, is 8ho\vn b\- a dotted

Tennesseeaud bonler-

black line on the maps.

ing States, Missis-

.

sippi.

.>►

, ' _ *'

The lino of road, as established nniler this authority, is shown by a dotteil
black line on the maps.

Tennessee and border-

ing States, Missis-

sipi>i.

The boundary fixed by the liritish offieers and tlie Choctaw by the treaty referred

43

Mississinpi.

to (Mar. 2li, 1765) is but partially shown on the map. (See Introduction,

pp. 559-560.)

This cession forms two detaclu-d tracts

41

( ieor"'ia.

662

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF INDIAN

Dale

TJliere or Iww
concluded

Reference

Tribe

1802

JuuL' 16

Fort Wilkin-
son, Georgia.

•Stat.

YII,

Creek .

June 30

BuffaloCreek, Stat. L.,
New York, j vii, 70.

Seneka

June 30 Buffalo creek,
New York.

Oct. 17 Fort Confed-
eratiim on
Toiuljigby
river.

Stat.

VII,

Stat.
VII,

Seneka.

L.,
73.

Choctaw

1803

June ■;

Fort AVayne
on tbc Mi-
ami 111 tbe
Lake.

Stat. L.,
VII, 74.

Delaware,
Sh a w n e e ,
Potawato-
mi, Miami,
Eel Rivpr,
Wea, Kick-
apoo, Pian-
ki s h a w ,
and Kas-
kaskia.

Description o/ccoiioii ur reserration

where the same is intersected hy the patli leading I'loni tlie
Koek lauding to the Oeniulgee (>U1 'lowns; theuee a direct
line to I'alinetto creek, where the same is intersected by tbe
Uehee jiath leading from the Oconee to the Ocmulgee river;
thence down the middle waters of the said creek to Oconee
river, and with the western bank of the same to its junction
with the Ocmulgee river: tbeuce across the Ocmulgee river
to the S. bank oftho AUamaba river, and down the same
at low-water mark to the lower bank of Goose creek, and
irom thence by a direct line to the mounts on tbe margin of
the Oketinocau swamp, raiseil and established by the Com-
missioners of the U. .S. and Spain at the bea<l of St Mary's
river; thence down the middle waters of said river to the
point where the old line of demarcation strikes the same;
thence with the said old line to the Altamaha river and up
the same to Goose creek.

The Seuccas cede to the Holland Land Company the 12-nnlc ]
tract along Catarangos creek, reserved by them in the con-
tract of Sept. 1.5, 17!t7, with Kobert Morris.

The Senecas cede to the Holland Land Company the tract at
the mouth of Catarangos creek, reserveil by them in the
contract, of Sept. 1.5, 17i;l7, with Kobert Jlorris.

In consideration of the foregoing cessions and in exchange
therefor the Holland Land Company grant to the Seneca
nation the following described tract (reserving the right of
preemption): Beginning at a i>ost marked No. <,>, standing
on the bank of Lake Erie, at the month of Catarangos creek
and on the N. bank thereof; thence along the shore of said
lake N. 11- E. 21 chains; N. 13- E. 45 chains; N. 19" E. 14
chains 65 links to a ]iost; thence E. 119 chains to a post;
thence S. 14 chains 271iuks toapost ; thence E. 640 chains to
a post standing in the meridian between tbe eighth and ninth
ranges; thence along said meridian S. 617 chains 75 links to
a post standing on the S. bank of Catarangos creek ; thence
W. 160 chains to a post; theuee N. 290 chains 25 links to a
post; theuee W.482 chains 31 links to a post; thence N. 219
chains 50 links to a post standing on the N. bank of Cat-
arangos creek ; thence down the same aud along the several
meanders thereof to the place of beginning. J

Tbe Senecas cede to Phelps, Ilronson and .Tones the tract
known as Little Beard's reservation, bounded on the E. by
Genesee river aud Little Beard's creek, on tbe S. aud \V. by
other lands of said Phelps, Brown and .It>ues, and on the N.
by Big Tree reservation containing 2 sijuaro miles.

Article 1 provides for retracing, connecting, aud plainly re-
marking the old line of limits established between His
Britannic Majesty and the Cboctaws, beginning on the left
bank of the Chickasawhay river ami running thence in an
easterly direction to the right bank of the Tombigby river,
terminatiugon the same at a bluff well known by the name
of Hacba Tiggcb.y.
Article 2 providestiiatthesaidline when thus re-marked shall '
form the boundary between tbe I'. S. aud tlio Choctaw nation
in that (piarter, aud the Choct.aws relinquish to the L'. S. all
claim to the land included by tbe above-mentioned line on the
N., by the Chickasawhay river on the W., by the Tombigby
and the Mobile rivers on tbe E., and by the boundary of the
U. S. on the S.

Article 1 recites the fact that it had been fovmd difficult to
deterniinetbeproperlimitsof thotractreserved by the U. S. at
the post of Yincennes liy treaty of Aug. 3, 1795, and proceeds
to detiue tbe boundaries as follows: Beginning at Point
Coupee oil the Wabash, anil rnuning theuee by a line N. 78-
W. 12miles; theucebya line parallel to the geni'ral course of
the Wabash until it .shall be intersected by a line at right
angles to the siiiiie passing through the mouth of \\ hite
river; tljcuce Iiy the last-mentioned line across the Wabash
and toward the (,)hio, 72 miles; thence hyaline N.12- W.,

RoYCEj CESSIONS OF 1802-1803

Li^N"D CESSIO:NS-CoiitiiiiTed.

663

Historical (lata a»d nmarkii

Designation of cession on map

Xumber

Location

The Holland Land Company was the assignee of Robert Morris so far as these"
lands were concerned. The Seneka were dissatislied with the extent of the
Cattarangus reserves as created by contract with Koliert Morris, Se))t. 15,
1797. The Holland Land Company, therefore, in order to appease them
accepted a cession of both those reserves, and then in turn granted them a
tract (which constitutes the present Cattaraugus reserve) which included
almost th(' whole of the 12-uiile reserve along Cattaraugus creek, as well as
considerable additional territory on both the N. and S. sides of the original
reserve.

45
(See 36 and

37)

New York.

This tract was originally reserved to the Senek.a l>y the terms of the contract
of Sept. 15, 1797, between them and Robert Morris.

See 33

New York.

This was simply a confirmation of a cession made to Great Britain by the
Choctaw before the independence of the U. S. The boundary lines of the
old treaty of March 28, 1765, are but partially given. [See Introduction,
pp. 559-560.]

46

Alabama, Mississippi.

See 26 j Indiana, Illinois 1.

IS ETH, PT

-10

664

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF I^TDIA^^^

Date

1803
June

Where or liow
conchideil

Ileference

Trihe

Fort Waviie
on the Jli-
ami of the
Lake.

Stat.

VII,

L..

74.

Aug. 7

Delaware,
Shawnee,
Potawato-
mi, Miami,
Eel Eiver,
Wea, Kick-
apoo, Pian-
k i s h a w ,
and Kas-
kaskia.

Aug. 13

Aug. 31

'i u c e u n f s .

Stat. L.,

Eel Eiver, Wy-

ludiaua.

MI, 77.

andot. Pi-
aukishaw,
Kaskaskia ,
and also the
1 Ki c k a p
1 represented
by the Eel
Kiver chiefs.

ri u c e n n e s ,

Stat. L.,

Kaskaskia. . .

Indiana.

VII, 78.

Hoe Bucliin-
toopa.

1804

Aug. 18

Stat. L.,
VII, 80.

Choctaw

Vincennes, Stat. 1..,
ludiaua. Vii, 81.

Delaware

lt€Scri2)lion of cession or restvval'ton

uutil it shall be intersected by a line at right angles to the
same passing through Point Coupee, and by the last-
mentioned line to the place of beginuing.

Article 3 cedes to the 1'. S. the great salt sjiring upon the
Saline cmek, which falls iuto the Ohio below the mouth of
the Wab.ish, with a (jnantity of land surrounding it not ex-
eeeiling -1 miles scjuare.

Article 4 cedes to the I'. S. the right of locating three tracts of
hind (of such size as maybe agreed to by the Kickapoo,
Eel River, Wea, Piankishaw, and Kaskaskia tribes), for
the purp jses of erecting houses of entertainment for travel-
ers on the main road between ^'iucennes anil Kaskaskia.

Also the right to locate one other tract for a similar purpose
on the ro.id between Yineenues and Clarksville.

These tribes concur in the cessions for houses of entertainment
provided for in the treaty of June 7, l!S03.

By article 1 the Kaskaskias cede to the U. S. nil the lands in

the Illinois country heretofore possessed or claimed by them.
By the same article they except from the foregoing cession a

tract of 3.5O acres near the town of Kaskaskia, secured to

them by act of Congress of Mar. 3, 1791.
The Kaskaskias also reserve the right of locating one other

tract of 1,280 acres within tlie bounds of the above cession.

The following metes and bounds are established as the line of
demarcation between the V- S. and the Choct.iws, mentioned
in the treaty of Oct. 17, 1802, viz: Beginning in the channel
of the Hatcheo Comesa or Wax river, at the jioint where the
line of limits between the U. S. and Sj^ain crosses the same;
thence up the channel of said river to the contlucnce of the
C'hickasawbay and Buckhatannee rivers; thence up the
channel of tlie Buckhatannee toBogue Hoomaor Ked creek;
thence up the said creek to a pine tree standing on the left
bank of thi' same, and blazed on two of its sides, about 12
links S\V. of an old trading path lea<ling from the town of
Mobile to the Hewa^lee towns, much worn l>ut not in present
use. From this tree we lind the following bearings and
distances, viz: S. 54-' 30' W. 1 chain 1 link, a black gum;
N. 39'-^ E. 1 chain 75 links, a water oak; thence with the old
British line of jiartition in its various inllections to a mul-
berry post planted on the right bank of the main branch of
Sintce Bogue or Snake creek, where it makes a sliarp turn
to the SK.. a large, broken-top cypress tree standing near
the opposite bank of the creek, which is about 3 poles wide;
thence down the said creek to the Tombigby river; thence
down the Tombigby and Mobile rivers to the line between
U.S. and Spain, and with the same to the beginning.

The Delawares cedi- to the U. S. all the tract of country lying
between the Ohio aud Wabash rivers, and below the tract
ceded by the treaty of Fort Wayne and the road leailing
from Vincennes to the falls of the Ohio.

The Delawares having exhibiteil to the U. S. commissioner suf-
licient proof of their title to all the country lying bi'tween
the Ohio anil White rivers, and the Miami tribe, who were
the original proprietors of the upjier part of that country,
having acknowledged the title of the Di-lawares at the gen-
eral council held at Fort Wayne in June, 1803, the U. S., by
article 4, agrees in future to consider the Delawares as the
rightful owners of all the country bounded by the White
river on tlie N., the Ohio ou the S., the general boiiniiary
line riinniug from the mouth of the Kentucky river on the
E.. and the tract ceded by this treaty and that ceded by the
treaty of Fort Wayne on the W. and SW.

CESSIONS OF 1803-1804

6G5

LA.^D CESSIO]SrS-Contiiii-ied.

Hifitor'tcal data anil n'marl.s

Deaignation of cession on maj>

Xumber

Zocalion

17 Illiuois 1.

The boundaries of these tracts, if ever located, were nerer defined by survey.

The boundaries of this tract, if it was ever located, were never defined by
survey.

This cession was confirmed and enlarged by treaty of Sept. 25, 1818. As thus

enlarged, the tract is shown on the map.
Granted to Ellen Ducoin by treaty of Oct. 27, 1832. The boundaries of this

tract have not been ascertained.

Ceded to the U. S. by treaty of Oct. 27, 1832. The boundaries of this tract
have not been ascertained.

48

Illinois 1.

This cession was concurred iu by the Piankishaw, Aug. 27, 1804, and by the
Miami, Aug. 21. 180.5. [By article G the line along the " road from Vincennes
to Clark's grant" was to be "a straiglit line to be drawn parallel to the
course of said road" from the Vincennes tract to the Clark tract, but so as
"not to pass at a greater distance than half a mile from tbe most northerly
bend of said road.']

49

I Indiana.

666

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IIs"13I^V:>>r

Date

Where or how
i eoncJuded

Iteference

Tribe

Description of cesition or reservation

1804

Aus

Oct. 24

Viuceiiues,
Indiaua.

Stat. L.,
VII, 83.

Nov.

Tellico Gar-
rison, on
Chei'okei!
ground.

Stat. L.,
VII, 228.

Piankishaw

Cherokee.

St Louis, in
the District
of Louis-
iana.

Stat. L.,
VII, 84.

1805
Julv 4

Fort Indus-
try, on the
Miami of
tbe Lake.

Stat. L.,
VII, 87.

Sank and Fox.

Wyandot, Ot-
tawa, Chip-
pewa, Mun-
see, Del-
aware,
Shawnee,
and Pota-
watomi.

The Piankeshaws cede to the V. S. the country lyin^ between
the Ohio and Wal)ash rivers and beIo%v t'lark's graut, and
the tract called the Vinceunes tract, ceded liy the treaty of
Fort Wayne, and a line connecting the said tract and grant,
to be drawn parallel to the general course of the road lead-
ing from Yincennes to the falls of the Ohio, so as not to
pass more than half a mile to the northward of the most
northerly bend of said road.

The Piankeshaws acknowledge the right of the Kaskaskias to
sell the country ceded by the latter to the V . S. by treaty of
Aug. 13, 1803, and which is separated from the lauds of the
Piankeshaws by the ridge or high laud which divides the
waters of the AVabash from the waters of the .Saline creek,
and by that which divides the waters of the Waliash from
those which tlow into the Au-Vase aud other branches of
the Mississippi.

The Cherokees cede to the U. S. a tract bordering southerly on
the boundary line between the .State of (Georgia and the
Cherokee nation, beginning at a point on said boundary line
northeasterly of the most NE. plantation in the settlement
known by the mime of WafJord's settlement, and running at
right angles with tbe said boundary line 4 miles into the
Cherokee laud ; thence at right angles southw esterly aud
parallel to the tirst-meutioued boun<larv line so far as that
a line to be run at right angles southerly to the said tirst-
meutioued boundary line shall include in this cession all the
plantations in Watiord's settlement.

Article 2 provides that the general boundary between the IT. S.
and the Sacs and Foxes sluiU be as ibllows: Beginning at a
point on the Missouri river op]>osite to the moutli of Gascon-
ade river; thence in a direct course so as to strike the river
Jeflreon at the distance of 30 miles from its mouth, aud
down the said Jetireon to the Mississippi; thence up the
Mississijipi to the mouth of the Ouisconsing river, and up
the same to a j)oiut which shall be 36 miles in a direct line
from the mcuith of said river; thence by a direct line to the
point where the Fox river (a branch of the Illinois) leaves
the small lake called Sakaegan; thence down tbe Fox river
to the Illinois river, and down the same to the MiasisBip]>i.
And the said tribes relinquish to the U. S. all claim to lands
within said boundaries.

By article 11 the Sacs and Foxes cede to the U. S. a tract of
"laud 2 miles sijuare for the establishment of a military reser-
vation either on the np|)er8ide of the Ouisconsing or on the
right bank of the Mississippi.

Article 2 defines the boundary between the U. S. and the.se
Indians as being a meridian line drawn N. and S. through a
lioundary to be erected on the S. shore of Lake Erie 120
miles due \\ . of the W. boundary line of the Stale of Penn-
svlvania, extending N. until it intersects the boundary line
of the U. S., and extending S. it intersects a line )ireviously
established by the treaty of (ireeuville (ITSIS). The Indians
cede to the U. S. all lands lying E. of the aforesaid line,
liouuded southerly and easterly by the line established by
the treaty of Greenville, and northerly by the northern-
most part of 41- of N. latitude.

The foregoing cession involves three separate tracts, the first
two of which, however, may be considered, for tlie purposes
of this work, as one. These tracts are as follows:

1. The tract claimed by the Connecticut Land Comjiany.'

2. The tract claimed by "the proprietors of the half mil-

lion acres of land lying S. of Lake Erie called Sutler-
ers' Laud."

CES>SIONS OF 1S()4-1805

667

L^^D CESSIO^S-Coiitiniied.

Hisloriciil (hita ntid yrmdi'kj

This is the same tract ceilod by the Delawares Auj;. 18, 1804, and is simply the
reliiMiuishraeiit of a claim held by the Piankishaw to the same refjjiou. The
bouiiilaries of the, cession are designated under the Delaware treaty of Aug.

18, 1804.

Designation of cession on map

Xumber

Location

The Coniiecticnt Western Reserve, or, as it was sometimes called, Kew Connec-
ticut, occupied the region between Lalce Erie on the N., Pennsylvania on the
E., 41^ N. latitude on the S., iuul the present E. line of Seneca and Sandusliy
counties on the W. The colonial charter of IJonnecticut embraced all the
lauds lietween 41"^ and 42 2' N. latitude, from the Providence plantations to
tlie Pacific ocean. After tlie independence of the U. S., the territorial con-
flicts of Connecticut with New York and Pennsylvania were compromised,
and Connecticut, by deed dated Sept. 14, 17S6, relinquished to the U. S. all
title and jurisdiction N. of 41- and W. of a meridian 120 miles W. of the
W. line of Pennsylvania. She reserved, however, to herself the territory N.
of 41^ and E. of said meridian to the Pennsylvania line. This reservation
constituted what became known as the Connecticut Western Keserve. All
the States having territorial claims N\V. of the Ohio having relinquished
them to the U. S., except in the case of the Connecticut Keserve, the U. S.
proceeded to establish a territorial government over it by the provisions of
the ordinance of 1787. Connecticut, never having reliucinished her claim to
tlu» Western Reserve, resented this extension of jurisdiction as a violation of
her rights. This conflict was settled by compromise in 1800, by which Con-
necticut was guaranteed the exclusive right of soil and the V. S. the right of
pcditical JMrisdiction. The Indian title to that portion of the Western Ke-
serve lying between Pennsylvania on the E. and the Tuscarawas and Cuya-
hoga rivers on the W. had already been extinguished by the treaty of 179.5.

See 49

Indiana.

See 48

Illiuois 1.

52

Georgia.

50

Missouri 1, Illinois 1,
Wisconsin 3.

51

Wisconsin 1.

53

Ohio.

668

INDIAN LAND CESSIONS IX THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OP USTDI^^.]:^

Date

1805
July 4

Where or how
concluded

HefaeiKe

Tribe

Fort luilus- I Stat. L.,
try, ou the ' vii,87.
Miami of
the Lake.

July 23

Aug. 21

Cliickasaw i Stat. L.,
country. vil, 89.

Wyandot, Ot-
tawa, Chip-
pewa, Mun-
see, Del-
aware.
Shawnee,
and P 1 a -
watomi.

Chickasaw

Grouse] and,
near Vin-
cennes.

Stat.

Vll,

L.,
;ii.

Sept. 23

D elawar e.
Pot awato -
mi. Miami,
Eel River,
and Wea.

Sioux .

Oct. 25

Tellico, Ten-
nessee.

Stat. L., Cherokee.
VII, 'Xi.

Description of cefision or re!<rrratioii

3. The tract lyiuj; S. of the two preceding tracts and be-
tween the same and the Greenville treaty line of 17t>.5.

The Chickasaws cc-do to the \J. S. the following tract of coun-
try: Beginning on the left bank of the Ohio at the point
where the jiresent Indian boun<lary adjoins the same;
thence down the left bank of the Ohio to the Tennessee
river; thence up the main <hannel of the Tennessee river
to the mouth of Duck river; thence up the left bank of
Duck river to the Cohinibian highway or road leading from
Nashville to Natchez; thence along the said road to the
ridge dividing the waters running iuto Duck river from
those riinuiug iuto Buffaloe river; thence eastwardly along
said ridge to the great ridge dividing the waters running
into the main Tennessee river from those running into Buf-
faloe river near the niaiu source of Butfaloe river; thence
in a direct line to the great Tennessee river near the Chick-
asaw Old Fields, or eastern point of the Chickasaw claim
on that river; thence northwardly to the great ridge dividing
the waters runniug iuto the Tennessee from those running
into Cumberland river, so as to include all the waters run-
niug into Elk river; thence along the top of the said great
ridge to the place of beginning.

The Delawares releaee the U. S. from the guarantee given in
the treaty of Aug. 18, 1804-, as to the ownershii> of the coun-
try between the < )hio and White rivers, for the reason that
the lliamis, from whoui the Delawares derived their claim,
contend that in their cession of the tract to the Delawares
it was only their intention to make the latter tenants at
will, and not to iuvest them with auy right of soil.

The Miamis, Eel Rivers, and Weas cede to the U. S. all that
tract lyiug S. of a line to be drawn froui the NE. corner of
the Vineeunes tract, so as to strike the boundary line of
1795 at a distance of .jO miles from its intersection with the
Ohio river opposite the month of Kentucky river.

The I'. S. agree to ciuisider the Miamis, Eel Kivers, and Weas
as joiut owners of all the country ou the Wabash and its
waters, above tlie Vincenues tract, not ceded to the U. S. by
this or any previous treaty, provided that nothing herein
shall affect any claim the Kickajioos may have to the coun-
try occupied by them ou VcrnuUiou river.

The I'utawatimies, Miamis. Eel Kivers, and Weas acknowledge
the right of the Delawares to sell the tract of land conveyed
to the r. S. by treaty of Aug. 18, 1804, which tract was given
by the Piankashaws to the Delawares altout 37 years ago.

The Sioux nation cede to the U. S.. for the purpose of estab-
lishing uiilitary posts, a tract 9 miles 8<|uare at the mouth of
the river St Croix.

The Sioux nation also cede for the same i)urpose a tract ex-
tending from below the contiuence of the Mississippi and -St
Peters rivers up the Mississippi to include the. Falls of St
Anthony, extending 9 miles on each side of the river.

The Cherokees cede to the U. S. all the land previcuisly claimed
by them, lying N. of the following boundary line : Beginning
at tlie mouth of Duck river; then<-e up the same to the junc-
tion of the fork at the head of which Fort Nash stood, with
the main south fork ; thence a direct course to a point on the

CESSIONS OF 1«05

669

L_AMI3 CESSIONS-Contiiiuecl.

Ilifitoiiifil thilii mid n'iiHirl,s

The Inilian titli' to tbe rt/iiiainiug portion bail uot Iiern ocileil until rcliu-
quislu-<l liy tlii.s tivaty of .Inly t, IWo. In 17112 the Counectiint lef;islatnie
firanti'd fpOlt.Odl) acres oft'tlie \V. end of the reserve to such of her citizens as
hail suHercil liy the ilepreilations of the British ilnrinj; the Revolutionary
war. Under this grant a company was chartered under the laws of ( Ihio,
and the tract became known as "Sutterers' Land.'' It is divided on the map
from the Connecticut Laud Company's tract by a N. and .S. blue line.
The Indian title to this tract was extinynished at the same time with that of
the two preceding tracts and at a cost to the U. .S. of somewhat more than
one cent per acre.

A portion of the territory included in this cession was also claimed by the
Cherokee, whose interest was purchased by the U. S. by treaty concluded
with them Oct. I'.o, 180.5. The boundaries of the tract covered by the fore-
going Chickasaw cession are shown on the special map of " Parts of rennessee
and Alabama." Only a part of this cession is shown on the principal map of
Tennessee. The entire cession, however, is shown ou special map of "Parts
of Tennessee and Alabama."

From this cession tho Chickasaw reserved a tract 1 mill! sijuare adjoining and
below the mouth of Duck river on the Tennessee.

By "additional article" it was agreed that this line should "not cross the
Embarrass or Driftwood fork of White river: but if it should strike the said
fork, such an alteration in the direction of the said line is to be made as will
leave the whole of said fork In the Indian territory."

This treaty was concluded by Lieut. Z. JI. Pike. It was transmitted to the
Senate by the President Mar. 29, 18U8, and unauiuiously ai)proved by that body
Apr. It), 18tj8. From a letter of the Secretary of State, dated Sept. 1, 1835, it
is learned that the records of that Department furnish no evidence that this
treaty was sanctioned by the President and officially ]iroclaimed by him,
although the War Depaitment. in 1832. spoke (In its official correspond-
ence) of the cessions as an accomplished fact. As there was doubt ou the
subject, however, the U. .S. piircha.sed the country covered by the foregoing
cessions, through sulisequent treaties. The boundaries of the two tracts pur-
chased by Lieutenant Pike are shown by dotted black lines on the map.

A portion of the territory comprised within the limits of this cession was also
claimed by the Chickasaw, whose claim thereto was relinquished by them
to the U. S. by treaty of .July 23, 1805. The portion claimed by the (Jhicka-
saw was located principally between Duck river and the ridge dividing
the waters of Duck river from those of Cumberland river.

Dcsii/ndtiou (if cession on maji

Nuniber

Location

53

5i

Ohio.

Ohio.

Tennessee and Ala-
bama (portions of).

Indiana.

See 49

Indiana.

Minnesota 1.

57

Tennessee and bor der-
ing States.

670

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IISTDI^J^^

Dale

Where or how
concluded

Reference

Jiescripfion of cess'mn or reserratitm

1805
Oct. 25

Tellico, Ten-
nessee.

Stat. L.,
MI, 93.

Cherokee.

Oct. 27

Tellico, Ten-
nessee.

Stat. L., Cherokee.
VII, 95.

Nov. 14

Washington, Stat. L.,
D. C. VII, 96.

Creek.

Tennessee river liauk opposite the mouth of Hiwassa river —
if the line from lliwassa should leave out Field's settlement,
it is to be marlied round his improvement and then coutinueil
the straight course; tbence up the middle of Tennessee river
(but leaving all islands to the Cherol<ees) to the uujuth of
Clinch river : thence uj) Clinch river to the former boundary
line agreed upon with the Cherokees.

From the foregoini;- cession the Cherokees reserve a small tract
lying at and below the mouth of Clincli river and extending
from said nu)uth down the Tennessee river to a notable rock
on the N. bank of the Tennessee, in view from Southwest
Point; theiiee a course at right angles with the river to the
Cnmlierlaud road; tlience eastwardly along the same to the
hank of Clinch river, so as to secure the feny landing to
the Cherokees up to the first hill, and down the same to the
mouth thereof.

The Clierokees also reserve a tract of 1 square mile at the foot
of Cumberland mountain, at or near the Turnpike gate.

The Cherokees also reserve a tract of 1 S()uare mile on the N.
bank of Tennessee river, at the present residence of Cherokee
Talootiske.

It is further provided that, whereas, owing to tlie above-
described cessiiui and other circumstances, the site of tlie
garrisons at Southwest Point and Tellico have become incon-
venient and unsiiitalde pl.aces for the accommodation of the
Cherokees, and it may become expedient to remove said
garrisons and factory to a more suitable place, that a tract
of S square miles is reserved for the particular disposal of
the U. S. on the N. bank of the Tennessee, opposite to and
heloie the mouth of Hiwassa.

It is further provided that, in addition to the roads already
established, the citizens of the U. S. shall have the free and
unmolested use of the two following roads: One to proceed
from some convenient )ilace near the head of Stone's river
and fall into the Georgia road at a suitable place toward the
soutlieru frontier of the Cherokees; the other to proc<'ed
from the neighborhood of Franklin, on Pig Harpath, and,
crossing the Tennessee at or near the Miiscli--shoals, to pur-
sue the nearest and best way to the Toinbigbee settlements.

The Cherokees cede to the U. S. the section of land at South-
Avest Point occupied by the U. S. garrison and extending to
Kingston, reserving to themselves the ferries.

The Cherokees also cede to the U. S. the first island in Ten-
nessee river above the mouth of Clinch river.

The Cherokees also agree that citizens of the U. S. shall have,
so far as it goes through their country, the free use of a road
leading from Tellico to Tombigbe.

The Creeks cede to the U. S. all right to a certain tract between
the Oconee and Ocmulgee rivers, bounded as follows: Begin-
ning at the High shoals of Ajialacha, where the line of
the treaty of Fort Wilkinson touches the same; thence run-
ning in a straight line to the mouth of Ulcofauhatche, it
being the tirst large branch or fork of the Ocmulgee above
the Seven islands, provided, however, that if the said line
should strike the Ulcofauhatche at any jilace above its
mouth, that it shall continue round with that stream so as
to leave the whole of it on the Indian si<le; then the bound-
ary til continue from the mouth of the Ulcofauhatche, by the
water's edge of the Ocmulgee river, down to its iunction
with the Oconee; thence up the Oconee to the present
boundary at Taulo(diatchee creek ; thence u]i said creek, and
fidlowint,' the present boundary Hue, to the hrst-meutioued
bounds, at the high shoals of Apalacha.

KOVCE]

CESSIONS OF 1805

671

L^^^D CESSIOlSrS-Coiitiiaxied.

Historical daiii mid remarks

Designation of cession on maj)

Xumber

Location

This reserve was surveyed bv Colonel Martin, uniler the direction of Agent
Meiys, in Oit., 1W)6. 'it was ceded to the V. !S. by treaty of Feb. 27, 1819.
Although ostensibly made for the Cherokee nation, this reserve was really
intended for Donblehead, a Cherokee chief. The latter leased it Feb. 19,
IWHi, to Thomas N. Clark, for 20 years. Dee. 10, 1820. the state of Tennessee
granted it to Clark.

This reserve was surveyed bv Colonel JIartiu in Oct., 1806, and ■was ceded to
the U. S. by treaty of Feb' 27, 1819, May 31, 1808, Taluntiski perpetually
leased his interest in this tract to Thomas \. (lark for ^1,000. Sept. 17, 1S16,
Clark purchased for a like sum the interest of Kobert F.ell. who claimed title
under a grant from North Carolina to A. McCoy, in 1793. It had also been
granted by North Carolina to ,1. W. Lackey and Starkey Donelson, Jan. 4,
1795. Hy the foregoing treaty this reserve was ostensibly for the Cherokee
nation.

Taluntiski s<dd this tract to Robert King, and, by mesne conveyances, it became
vcsteil in Jlr Lilwee, who also claimed title under a grant from North Caro-
lina to Lackey and Donelson, dated .Ian. 4, 1795. liy the treaty this tract was
ostensiblv reserved for the use of the Cherokee nation. Surveyed by Colonel
Martin iii 1806, and ceded to the U. S.. Feb. 27, 1819.

This tract was surveyed by Colonel Martin in Oct., 1806, and was ceded to the
LI. S. by treaty of Feb. 27, 1819. The language of the treaty contemplated the
location of thisre.serve heloir the mouth of the Hiwassee. but the actual under-
standing and intention of the parties to the treaty was to locate it abore the
month of tlie Hiwassee. and it was. therefore, actually surveyed and located
in accordance with such understanding. A secn-t article of this treaty gave
this tract to Donblehead, John D. Chisholm, and .John Kiley. Colonel Mc-
Lung, under a grant from North Carolina, claimed and won it in the courts
of Tennessee. Riley, in 1838. made a claim for eomi>ensation, but the Attor-
ney-General dec ided the secret article was no part of the treaty, as it had
never been submitted to the Senate for its approval.

This purchase was made on the theory that it would be needed as a site for the
state capital of Tennessee, a committee from the state assembly having
viewed the same.

This is a very small island in the river (now called at this point the Holston),
opijosite the ."southwest Point reservation.

See 105

See 107

See 108

See 109

58
59

60

Tennessee and border-
ing States.

Tennessee and border-
ing States.

Georgia.

672

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN, 18

SCHEDULE OF I^DI^j^

Date

TTIierf or how
concluded

Reference

Tribe

1805
Nov. 14

Washington.
D. C.

Nov. 16

Mount Dexter
in Poosha-
pukauuk.iu
the Choc-
taw coun-
try.

Dec. 30 VinceuueSjIn-
iliana terri-
tory.

HeKCriptioii nf resxioii or rei<erratioii

Stat. L., Creek
VII, 06.

Stat. L.,
VII, 98.

Choctaw ,

1806

Jan. 7

Stat.

VII,

L., Fiankisbaw
100.

Washiuj
D.C.

ton,

Stat. L.,
VII, 101.

Cherokee .

From the IVivegoinu; cession the Creek reserve a tract 5 miles in
length anil :> in brea<lth. and lioumleil as follows : Itegiunin};'
on tlie e.'istern shore of Ociiinlfjce river, at a point 3 miles on
a straight line above the month of a creek called Oakchon-
coolgan, which empties into the Ocmiilgee near the lower
part of what is called the <)ld Ocmulgee lields; thence ruu-
niuj;- 3 miles eastwardly. on a course at right angles with
the general course of the river for 5 miles below the point
of heginniug; thence from the end of the 3 miles to run 5
miles iparallel with the said course of the river ; thence west-
wardly at right angles with the last-moutioned line to the
river, and by the rivi'r to the beginning.

Upon this tract the U, S. reserve the right to erect a military
or trading post.

The Creek further agree that the U. S. shall have a right to
a horse path through the Creek country, from the Ocmulgee
to the Mobile, in such direction as the President shall con-
sider most convenient.

The Chaktaw nation cede to the U, .•>, all lands claimed by them
lying to the right of the following line,s, viz: Beginning at
a branch of the Humacheeto. where the same is intersected
by the present Chaktaw boundary and also by the path
leading from Natchez to the county of Washington, usually
called McClarey's path ; thence eastwardly along McClarey's
path to the K, or left bank of Pearl river: thence on such a
direct line as would touch the lower end of a bluff on the
left bank of Chickasaxvhay river, the first above the Hiyoo-
wauuee towns, calleil liroken Blutf. to a point within 4 miles
of tlie Broken Blutf; thence in a direct line, nearly i>arallel
with the river, to a point whence an E, line of 4 miles in
length will intersect the river below the lowest settlement
oicupiid and imjiroved in the Hiyoowaunee town; thence
still E, 4 miles; thence in a direct line, nearly parallel with
the river, to a point on a line to be run from the lower end of
the Broken Blutf to Faluktabunnee, on the Tombigbee river,
4 miles from the Broken Blutt'; thence along the said line to
Faluktabunnee; thence E, to the boundary between the
Creek and Chaktaws, on the ridge dividing the waters run-
ning into the Alabanui from those running into Tombigbee;
thence soutliwardly along the said ridge and boundary to
the southern point of the Chaktaw claim.

The Chaktaw reserve from the foregoing cession a tract of 2
miles .square, run on meridians .and jiarallels so as to include
the houses and improvements in the town of Fnketchee-
pooiita.

The Chaktaws also reserve a tract of ."i,120 acres, beginning at
a post on the left b.ank of Tombigbee river, opposite the
lower end of Hatchatigbee Blutf: thence ascending the river
4 miles front and 1' back: one-half fur the use of Alzira and
the other half for the use of Sojphia. daughters of Samuel
Jlitchell. by Molly, a Chaktaw woman.

The I'iankishaw trilie cedes to the V. S. all that tract of coun-
try (except as hereinbelow reserved) lying between the Wa-
bash and the tract ceded b.y the Kaskaskia tribe in 1X03 and
S. of a line to be drawn from the N\V. corner of the Vin-
' cenues tract X. 78- \V. until it intersects the boundary line
heretofori' separating the lands of the Piankishaws from the
said tract ceded by the Kaskaskias,

The Piankishaws reserve from the foregoing cession the right
to locate a tract of 2 square miles, or 1,280 acres, the fee of
which shall remain with them forever.

The Cherokees ceile to the U. S. all claim to all that tract of
country lying to the northward of the river Tennessee and
westward of a line to be run from the upjier part of the
Chickasaw ( )1<1 Fields, at the njiper point of an island called
Chickasaw island, on said river, to the most easterly head
waters of that branch of Tennessee river called Duck river.

CESSIONS OF 1805-1806

673

LA^r> CESSIO^t^-CoutiiiiTed.

H'mlorical lUitu nnd rciiuirks

Tliis reserve was ceded to tlie U. S. by treaty of .Ian. 1'4, 18l'(ii .

The route of tliis horse path is shown on the maps of Georgia and Alabama by
a dotted black line.

Designation of cession on map

Number

Location

See 128 Georgia.

61

This reserve was covered by the cession made in treaty of Sept. -'7, 1830, by
which, in fjeueral tcnns, the t'hoctaw ceded all their remaining lands E. of ,
Mississippi river. [See letter of Commissioner Indian Aftairs to G. W.
Harkins et al.. May 7. 1838.]

This reserve was partitioned and sold by the Mitchell family

See 157

Georgia.

Alabama, Mississippi.

By a contract dated Jan. 3, 1818, between Governor Posey, ou behalf of the
U. S., and the Piankisbaw. the latter ceded the right to locate this tract to
the U. S. The tract had not in the meantime been located by the Pianki-
sbaw so far as can be ascertained.

The bonndaries of this cession overlaj) the Chickasaw cession of Nov. 14, 1805,
and in turn are overlapped by the boundaries of the Chickasaw cession of
Sept. 20, 1816. For explanation and elucidation of this cession, see Cherokee
treaty of Sept. 11, 1807.

63

64

Alabama,

Alabama.

Illinois 1.

Tennessee and border-
ing States.

674

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF Il^DI^N

Date ^'"-'-e or how j;,j-^,,„,, j-rihe

concluded •'

1806
Jun. 1

Washington,
D. C.

1807
Mar. 3

Sept. 11

Nov. 17

Act of Con-
gress.

Chickasaw
Old Fields.

Stat. L.,
VII, 101.

Cherokee .

Stat. L..
II, 448.

Stat. L.,
VII, 103.

Detroit, Mich-
igan.

Stat. L.,
VII, 105.

Delaware

Cherokee .

Ottawa, Chip-
pewa, Wy-
andot, and
Potaw a 1 -

From the foregoing cession the Cherol<ees reserve a tract
bounded southerly on the Tennessee river at a jilace called
the Muscle shoals, westerly liy a creek called Te-kee-ta-
no-eh or Cyprus creek, and easterly by Chu-wa-lee or Elk
river or creek, and northerly by a line to be dr.awn from a
point on said Elk river 10 miles on a direct line from its
mouth or junction with Tennessee river to a ])oint on the
said Cyprus creek 10 miles on a direct line from its junction
with Tennessee river, which tract is to be considered the
couimou property of the Cherokees residing on the same,
including Jolin IJ. Chesholm, Au-tow-we, and Cheh-Chuh.

The Clierokees also reserve a tract 2 miles in width on the N.
side of Tennessee river, extending uortheily from that river
3 miles, and bounded as follows: 13eginning at the mouth of
Spring Creeic and running up said creek 3 miles on a straight
line; thence westerly 2 miles at right angles witli the gen-
eral course of said creek ; tUenco southerly on a line parallel
with th(! general course of said creek to the Tennessee river;
thence up said river by its waters to the I)eginuiug. This
reserve is to bo considered the projjerty of Moses Melton and
Charles Hicks in equal shares.

The Cherokees also cede to the U. S. all right or claim to what
is called the Long island in Holston river.

TheU. S. agree to nse their best endeavors to prevail on the
Chickasaw nation to agree to the following lioundaiy be-
tween tliat nation and tbe Cherokees, to the southward of
Tennessee river, viz : Beginning at the nioutli of Caney creek
near the lower part of the Muscle Shoals and to run up said
creek to its bead and in a direct line from thence to the Hat
stone or rock, the old corner boundary.

TheU. S. reserve and set apart 13 sections, including the Lower
Delaware town in (;)hio, for the use of the Delawares.

This treaty is explanatory and in elucidation of the cession
made by article 1 of the treaty of Jan. 7, 1806, and declares
that the eastern boundary of said ceded tract shall be limited
by a line so to be run from the upper end of the Chickasaw
Old Fields, a little above tbe npjier point of an island called
Cliickasaw island, as will most directly intersect the lirst
waters of Elk river; thence carried to the Great Cumberland
mountain in which the waters of Elk river have their source;
then along the margin of said mountain until it shall inter-
sect lauds heretofore coded to the U. S., at the said Tennessee
ridge.

The foregoing tribes cede to the U. S. all claim to the following-
described tract of country, viz: Heginning at the mouth of
the Miami river of the lakes and running thence up the mid-
dle thereof to the mouth of the great An Olaize river ; thence
due N. until it intersects a parallel of latitude to be drawn
from the outlet of Lake Huron which forms the river Sin-
clair; thence running NE. the course that may be found
will lead in a direct line to White Rock in Lake Huron;
thence due E. until it intersects the boundary line between
the IJ. S. and Upper Canada in said lake; thence southwardly,
following the said boundary line, down said lake through the
river Sinclair, Lake St Clair, and the river Detroit, into
Lake Ih'ie, to a point due E. of the aforesaid Miami river;
thence W. to the place of beginning.

From the foregoing cession the tribes aforesaid reserve :

1. A tract of miles square on tlie Miami of Lake Erie

above Koche de B(euf, to include the village where
Toudaganie. (or the Dog) now lives.

2. Three miles s(juare on the Miami of Lake Erie (above

the 12 miles square ceded to the U. S. by the treaty of
Greenville), including what is called Presque Isle.

3. Four miles square on the Miami bay, including the vil-

lages where Meshkemau and Wangau live.

CESSIONS OF 1806-1807

G75

L^^D CESSIO^S-Continiied.

Historical data and n marks

This reserve was ceik-J by treaty of July 8, 1817-

This reserve was ceded by treaty of July 8, 1817. .

This island, though lying outside of the Cherokee boundary established by the
treaty of Nov. 28, 1785, was claimed by the Cherokee as having never been
previously ceded.

These sections were ceded to the U. S.by treaty of Sept. 29, 1817.

This reserve was ceded to the V. S., Aug. 'SO, 1831.

This reserve was located at Wolf Rapids in lieu of Presque Isle, the latter place
being already included within the limits of the 12-mile-8quare tract reserved
by the U. S. at the treaty of Greenville in 1795. It was ceded to the U. S. by
treaty of Aug. 30, 1831.

This reserve was ceded to the U. S. by treaty of Feb. 18, 1833

Designation of cession on map

ytimber

See 85

65

See 90, 91

The eastern line so to be run from the up])er part nf the Chickasaw Old Fields See 64

as to include all the waters of Elk river.

66

See 169

See 170

See 183

Location

Alabama.

See 86 Alabama.

Tennessee and Ijorder-

ing States.

Ohio.

Tennessee and border-
ing States.

Michigan 1, Ohio.

Ohio (detail).

67G

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF I^DI^^

Date

ll'heie or liotc
coiuludet!

Reference

Tribe

Jte-iirijition of <(8s'tiin or resrrnttion

1807
Nov. 17

I)i-tii.it. Micli-
igau.

Stat. L.,
\ 11. KO.

Ottawa, Chip-
irewa, Wy-
andot, and
Potawato-
mi.

1808
Nov. 10

Tort Clarl;,
Lnuisiaua
teriitorv.

Stat,
vn,

L..

107

Great aud Lit-
tle Osage.

Nov. 25

Browuslowu,
M i c h i g a u

Stat. L.,
vn, 112.

Chippewa, Ot-
tawa, Pot-

territory.

awatomi,
Wyandot,
and Shaw-
nee.

1809
Feb. 2x

Act of Cou-

gress.

Stat. I..,
11, 527.

Alabama

Sept. 30

Fort Wayne,
ludiaua.

Tbree miles si|ii,Tre on the river Kaiziu nt a ])lace caned
Macon, and wbcre the river Macon tall.s into the river
Ii'aizin. which ])lace is about 11 miles from the mouth
of said river Raiziu.

Two scctious of 1 srjnare mile each on the river Rouge
at Sojiinsiwiu's viUagc.

Two sections of 1 mile square each at Tominish'.^ vil-
laije, near the river Rouge.

Three miles square on Lake St Clair above the river

Huron, to include Machonce's village.
Six sections of 1 mile square each, within the cession

aforesaid, in such situations as the said Indiaus shalF

elect, subject to the appnjval o'f the I'resideut of the

U. S. as to the i)laces of locatioii.

It is agreed between the U. S. and the Great and Little Osage
nations that the boundary line betweeu their respective pos-
sessions shiill begin at Fort Clark, on the Missouri, 5 miles
;ibovo Fire Prairie, an<l ruuuing thence a due S. course to the
Arkansas and down the same to the Mississippi, hereby
leding to tlie T. .S. all lauds lying E. of said line and N. of
the southwardly bank of the river Arkansas.

The Osages also cede to the IT. S. a tract 2 leagues square, to
embrace Fort Claik aud to be laid oil in such manner as the
Fresideut of the U. S. shall think pioper.

Tile Osages also cede all claim to lauds situated n(Uthwardly
of the river Missouri.

The aforesaid tribes cede to the U. S. a tract of land for a road,
of 120 feet in width, from the foot of the rajiids of the river
Miami of I>ake Erie to the western line of the Connecticut
reserve, and all the bind within 1 mile of the said road on
each side thereof for the purpose of establishing settlements
along the same.

The said tribes also cede to the U. S. a tract of land for a road
oiiht, of 120 feet iu width, to run southwardly from what is
called Lower Sandusky to the boundary line established by
the treaty of (ireeuville.

The U. S. lease for .50 years to the Alabama Indians, 2,500 acres
in the territory of Orleans. AV. of tin' Mississipjii river, pro-
\ ided that if abaud(ini-(l the tract shoulil revert to the V . S.

Wyandot The U. S. reserve for tbe Wyaiidots, two tracts, not exceeding

5,000 acres, at lirownstown and ilaguagua, Michigan terri-
tory, provided that if abandoned by them the tracts should
revert to the U. S.

Stat. L.,
VII, 113.

Delaware,
Potawatomi,
Miami, and
Eel Eiver
Miami.

Tlie foregoing tribes cede to the V. S. all that tract of country
included between the boundary liueestablislied by the treaty
of Fort Wayne, the Wabash, and a line to be drawn from the
mouth of a crecdc called Raccoon creek, emiityiug into the
Wabash on the SE. siile, about 12 miles bidow the mouth of
Vermilion river, so as to strike the boundary Hue established
by the treaty of Grouseland at such a distance from its com-
mencement at the NE. corner of the Vincennes tract as will
leave the tract now ceded 30 miles wide at the narrowest
place.

The said tribes also cede a tract included within the following
boundaries: lieginuingat Fort Recovery, thencesouthwardly
along the general boundary line establislied by the treaty of
Greenville to its intersection with the boundary line estab-
lished by the treaty of (Jrouselaud ; them e along said line to
a point from ■which .a line drawn parallel to the first-men-
tioned line will be 12 miles distant (rom the same, and along
the said parallel line to its intersection with a line to be
drawn from Fort Recovery, parallel to the line established
bv the said treaty of Grouseland.

BOYCE]

CLSSIONS OF 1807-ll!<09

677

L_A.]>^D CESSIOi>^S-CoiitiiaiTed.

J >esiij nation of cisaion on map

IlislorU-itl data and rrnuirks

Numbet-

Ceded to tlie U. S. bv treaties iif Sept. 29, 1817. aud Sept. 19, 1827 1 See 89 and

' 137

Ceded to the U. S. by treaty of Sept. 19, 1827.
Ceded to the U. S. by treaty of Sept. 19, 1827.

This 3-mile-siiuare tract aud 3 of the unlocated sections were surveyed and
located by AarouGreely in 1810. under dirccticui of Ciovernor Hull, as fidlows:
One tract of 262.7 acres on Lake St Clair at the mouth of the An Vaseau,
which included the site of Machouce's village ; one tract of 5.34 a<res ou Lake
St Clair above the month of Salt creek ; one tract of 1,200 acres at the mouth
of A. Dulnde or Black river, aud 5,760 acres at the mouth of Swan creek of
Lake St Clair. These tracts were ceded to the I'. S.. May 9, 1836. The reuiaiu-
iug 3 (of the unlocated sections) had not been specilically located when
they were ceded by treaty of Sept. 29, 1817, to the Catholic Chnrch.

See 135

See 136

See 214, 215,
216, 217

Location

Michigan 1.

For concurrent cessions of this same tract, see treaties with Sauk and Fox,
Aug. 4, 1824, and with the Iowa of same date.

The line of the road is shown by a scarlet line and the tract of 1 mile in width
on each side of the road is colored green.

68
69
70

Arkansas 1, Mi
souri 1.

Missouri 1.
Missouri 1.
Ohio (detail).

The line of this roa<l is shown by a scarlet line Ohio (detail)

The exact location of this tract has not been ascertained.
These tracts were ceded to the U. S. by treaty of Sept. 20, 1818.

See 95 and
96

Michigan 2.

71 Indiana.

Indiana.

678

INDIAN LAND CESSIONS IN THE UNITED STATES

[KTH. ANN. 18

SCHEDULE OF I]^^r)I^:^^

r, , ; 7) here or how „ ,
Date „; ,„. Reference

concluded '

1809

Sept. 30

Oct. 26
Dec. 9

Fort AVayue,
Indiana.

Stat. L.,
vii, 113.

Vincennes,
Indiana ter-
ritory.

1814
Ang. 9

Fort .lafkson,
Alabama.

Stat. L.,
VII, 116.

Stat. L.,
VII, 117.

Stat. L.,
VII, 120.

Del aware,
Potawatomi,
Miami, and
Eel River
Miami.

Wea.

Eickapoo.

Creek .

By article 2 tbe Jliainies explicitly acknowledge tlie eqnal
right of the Uelawares with thcniselvcs ti) the conntry
watered by the Whites river. Hut neither iiaity shall have
the right of disposing of the same without the consent of the
other, and any improvements made on s:iid land by the Uela-
wares or their friends the Mocheeans shall be theirs forever.

By articles the consent of the Wea tribe is made necessary to
complete tiio title of the U.S. to the tract tirst herein ceded.

By article 8 the U. S. agree to relinquish their right to the res-
ervation at the obi Onrocienon towns, made by the treaty
of Greenville il795), so far at least as to make no other use of
it than for tlie establishment of a military post.

By article 9 the tribes, i>arties to this treaty, being desirous of
showing their attachment to the Kickapoos. agree to cede to
the U. S. the lands on tbe NW. side of the Waliash, from the
Vincennes tract to a northwardly extension of the line run-
ning fr<un the mcnith of Kaceoon creek, and 1.") miles in wiilth
from the Wabash, but this article shall be of uo eti'ect until
the Kickapoos shall agree thereto.

The Wea tribe gives its full assent to the treaty of Sept. 30,
1809, at Fort Wayne.

The Kickapoos give their consent to the terms of the ninth
article of the treaty of Sept. 30, 1809.

The Kickapoos agree to cede to the U. S. all that tract of land
lying between the tract ceded by treaty of Sept. 30, 1809,
the Wabash, the Vermillion river, and a line to be drawn
from the N. lorner of said ceded tract, so as to strike the Ver-
million river at a distance of 20 miles in a direct line from
its mouth.

The U. S. demand an equivalent for all expenses incurred in
prosecuting the war to its termination by a cession of all the
territory belonging to the Creek nation, within the limits of
the U. S., lying W., S., and southeastwardly of a line to be
run as follows: Beginning at a point on the eastern bank of
Coosa river, where the S. boundary line of the Cherokee na-
tion crosses the same; thence down the Coosa river, with its
eastern bank, to a point 1 mile al)0ve the mouth of Cedar
creek at Fort Williams; thence E. 2 miles; thence S. 2 miles;
thence W. to the eastern bank of Coosa river; thence down
the eastern bank thereof to .-i point opposite the upper
end of the great falls (called by the natives Woetumka);
thence E. from a true meridian line to a point due N. of the
mouth of Ofucshee; thence S., by a lik(^ meridian line, to the
mouth of Ofucshee, on the S. side of Tallapoosa river; thence
up the same to a point where a direct cour.se will cross the
same at tlie distance of 19 miles from the month thereof;
thence a direct lino to the mouth of Summochico creek,
which empties into the Chatahonchie river on the E. side,
below the Eufaulau town ; thence E. from a true meridian line
to a jioint which shall intersect the line dividing the lands
claimed by the Creek nation from those claimed and owned
by tbi' state of fieorgia.' If in running E. from the month
oi' Suinmiichico creek it shall happen that the settlement
of the Kennarils fall within the limits of this cession, then
the line shall be run E. on a true meridian to Kitcho!bonee
creek; thence down the ninldle of the creek to its junction
with Flint river, immeiliately below the Oakmulgee town;
thence up the middle of Flint river to a point due E. of that
at which the above line struck the KItchofoonee creek ; thence
E. to the old line dividing the lands claimed by the Creeks
from those claimed and owned by the state of Ceorgia.

The U. S. demand the right to establish military posts and
trading houses and to open roads within the territory still
retained by the Creeks.

Chiefs and warriors of the Creek nation who were friendly to
the U. S. during the Creek war are each entitled to locate a
reserve of 1 8(|uare mile, to include their improvements, as
near the center as may be of the tract first above ceded.

CESSIONS OF 1809-1814

679

LA.:^-D CESSIOIN'S-Coritiii^ied.

Hisiorictd (latu atnl remtirks

Designation of cession on map

\ Xumhef

Location

Assent of tbo Wea given by treaty of Oct. 20. 180'J.

The Iioundaries of this tract were never surveyi-d, and, not being needed by tbe
U. .S., it was relimiiiisbed, as lierein stated, to tlie Indians. The approximate
bonndaries of tliis tract are indicated by scarlet Hues on the map.

Bj' treaty of Dec. 0, 1809, the Kickapoo gave the required consent to this
cession.

Indiana.

Illinois 1, Indiana.

.See 71 Indiana.

.See 73 Illinois 1, Indiana.
71 Indiana. Illinois 1.

7.5

Georgia, Alabama.

By act of Congress approve<l Mar. 3, 1817, a niethoil w.as provided for tbe loca-
tion of these reserves. By act of Feb. 20. 1819, the I'resident was authorized
to purchase these reserves whenever the reservees should desire to sell.

IS ETII, 1>T 2-

-11

680

IXDIAN LAND CESSIONS IX THE UNITED STATES

iETH. AX-N. 18

SCHEDULE OF IjSTDI^^

Date

1815
Sept. 13

Sept. 14

1816
Mar. 22

Where or hon-
concluded

Heference

Tribe

Portage

Sioux.

Portagi'
Sioux.

ties

lies

Uescriptioii of cessinn or rescrralioii

Washington,
D. C.

Stat. L.,
vn. 134.

Stat. L.,
vn, 13.1.

Stat. L., ,
VII, 138.

Mar. 22

Washington,
D.C.

Stat. L., Cherokee .
VII, 139.

Mnv 13

June 4

St Louis,
Missouri
territory.

Fort Harrison,
I n <1 i a n a
territory.

Stat. L..
VII, 141.

Stat. L.,
VII, 145.

Aug. 24

St Louis,
Missouri
territory.

Stat. L.,
VII, 146.

Sauk of Rock
river and
adj acen t
country.

We a an d
Kickapoo.

Ottawa, Chip-
pewa, and
Potawatomi
residing on
Elinois and
M i 1 w a ukee
rivers and
their waters.

Sauki thatpor- . Tliat portion of the Sac nation residing on the Missouri rivt-r

tion resid- j assent to tUi- treaty between tlie U. S. and the united tribes

ing on Mis- of Sacs aud Foxes conchided at St Louis, Nov. 3. 1801. ♦
souii river).

Fox The Fox tribe or nation assent to and contirm the treaty be-
tween the U. S. and the united tribis of Sacs aud Foxes con-

I eluded at St Louis, Nov. 3, 1804.

Cherokee The Cherokees, with the consent of tlie U. S., cede to the state

of South Carolina the following tract of country within the
limits of the latter state, viz: Beginning on the E. bankof tLe
C'hattuga river, where the boundary Hue of the Cherokee na-
tion crosses the same, running thence with the said boundary
line to a roek on the Blue Kidge where the boundary line
crosses the same, and which rock has been lately established
as a corner to the states of North and South Carolina ; run-
ning thence S. 68J'^ W. 20 miles and 32 chains to a rock on the
Chattuga river at 35- of N. latitude, another corner of the
boundaries agreed upon by the states of North and South
Carolina; thence down aud with the Chattuga to the
beginning.

Whereas doubts have existed in relation to the northern bound-
ary of that part of the Creek lands lying W. of the Coosa
river which were ceded to the I'. S. b,v the treaty of Aug.
9, 1S14, and whereas by the third articleof the treaty of .Jan.
7, 180(), between the U. S. aud the Cherokees, the U. S. have
recognized a claim on the part of the Cherokee nation to the
lands S. of the Big Bend of Tennessee river, extending as far
AV. as a place on the waters of Bear creek (a branch of the
Tennessee river), known as the Flat Kock or Stone, it is
therefore declared and agreed that a line shall be run from
a jioiut on the W. bank of Coosa river opposite to the lower
end of the Ten islands in said river aud above Fort Strother.
directly to the Flat Rock or Stone on said Bear creek, which
line shall be established as the bounilary of tlje lauds ceded
by the Creek nation to the U. S. by said treaty of Aug. 9, 1814,
aud of the lands claimed by the Cherokee nation lying W. of
the Coosa and S. of Tennessee rivers.

The Cherokees agree that the U. S. shall have the right to lay
otl', open, aud have the free use of such road or roads through
auy part of the Cherokee nation lying N. of tlie boundary
line above established as may be necessary for the free in-
tercourse between the states of Teuuessee. Georgia, and
Slississippi territory.

The Sacs of Rock river and the adjacent country uncondition-
ally assent to aud contirm the treaty between the U. S. and
the united tribes of Sacs aud Foxes concluded Nov. 3, 1804.

The Weas and Kickapoos recognize and confirm the boundary
line surveyed and marked by the U. S. of the land on Wa-
bash and White rivers ceded by treaty of Sept. 30. 1809.

The Kickapoos acknowledge that by the terms of the treaty
of Dec. 9. 1S09, they ceded to the U. S. the country which lies
betweeu the boundary line last above mentioned on the NW.
side of the Wabash, the Wabash, the Vermillion river and a
line to be drawn from the NW. corner of said boundary line
so as to strike the Vermillion river 20 miles in a direct line
from its mouth.

The foregoing trib.'>s or bands cede to the U. S. all claim to
that piprtioii of the territory ceded to the I'. S. by the Sacs
and Foxes by treaty of Nov. 3, 18114, lying S. of a due W.
line from the southern extremity of Lake Michigan to the
Jli.ssissippi river.

Said tiilics also cede to the I'. S. all land contained within the
following bounds: Beginning on the left bank of the Fox
river of Illinois 10 miles above its mouth; thence running so

UOVCE]

CESSIONS OF 1815-1816

681

L^^^D CESSIOi^S-ContiiiiTed.

Historical datu and remarks

Designation of cession on map

Xumher

See 50, 51.

See 50, 51.

Location

76

Missouri 1. AVisconsiu
1 aud 2, Illinois 1.

Missouri 2, Wisconsiu
2, Illiuois 2.

Tennessee and liorder-
iu"- States.

See 50, 51 i Illinois 1, Missouri 1,
Wisconsin 1 aud 2.

See 71, 73 Indiana, Illiuois 1.
See 71 Indiana, Illinois 1.

Illiuois 2.

78 Illinois 1.

682

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. AN.\. 18

SCHEDULE OF II^I3IA.ISr

1816
Aug. 24 I S

t L o n i s .
Missouri
teiritorv.

Stnt. L.,
vn, 140.

Sept. 14

Jhickasaw
council
house and
T u r k e v
Town.

Sept. 20

Clii ckasaw
council
Louse.

Stat. L.,
VII, 148.

Stat. L.,
MI, 150.

Ottawa, Chip-
p e w a , and
Potawatomi
residing on
Illinois and
Milwaukee
rivers and
their waters.

Cherokee .

Chickasaw

as to cross Saudy creek 10 miles aliovc its nioiitli; thence iu
a direct line to a point 10 miles N. of the W. end of tin- jiort-
af^e between Chicago creek, which empties into Lake Michi-
gan, and the river Depleines, a fork of the Illiuois; thence
iu a direct line to a point on Lake Michigan 10 miles north-
ward of the mguth of Chicago creek; thence along the lake
to a point 10 miles southward of the mouth of Chicago creek;
thence iu a direct line to a point on Kankakee river 10 miles
above its mouth; thence with the said Kankakee and Illi-
nois rivers to the mouth of Fox river, and thence to the
beginning.

The U. S. agree to relimiuish to the aforesaid trilics or bauds
all the land contained in the aforesaid cession of Nov. 3, IJiOl,
by the Sacs and Foxes which lies N. of a due \V. line from
the southern extremity of Lake Michigan to tlie Mississippi
river.

From this latter relinquishment the U. S. reserve a tract 3
leagues square at the mouth of the Ouisconsing river, includ-
iug l>oth banks, and such other tracts on or near to the Ouis-
cousing and Mississippi rivers as the President of the U. S.
may thiuk proper to reserve, provided the same shall not
exceed in quantity 5 leagues square.

The Cherokee nation acknowledge the following as tlieir
western boundary : S. of the Tennessee river, coumieucing at
Camp Cofl'ee, which is opposite the Chickasaw island; run-
ning from thence a due S. course to the top of the dividing-
ridge between the waters of the Tennessee and Tombigbee
rivers; thence eastwardly along said ridge, leaving the bead-
waters of the Black Warrior to the right hand until opposed
by the W. branch of AVill's creek ; thence down the E. bank
of said creek to the Coosa river aud down said river.

The Cherokee nation reliuquLsh to the U. S. all claim to lands
lying .S. aud W. of the line above cescribed.

The Chickasaw nation cede to the U. S. (with the exception of
such reservations as shall hereafter be specified) all right or
title to lands on the N. side of Tennessee river.

The Cliickasaws also reliu(|uish all claim to territory on the
S. side of Tennessee river aud E. of a line commencing at the
mouth of Caney creek and running vip the same to its source;
thence a due k-. course to the Ridge path, eonnnonly called
Gaines' road; along said road southwestwardly to a poiut
on Touibigby river, called Cottou Giu Port, and down the
W. bank of the Touibigby to the Choctaw boundary.

From the foregoing cessions the followiug tracts are reserved
to the Chickasaw n.ition :

1. One tract of land for the use of Col. George Colbert aud

his heirs, described as follows: Beginning on tlie N.
bank of Tennessee river at a jioiut that, running N. 4
miles, will include a big spriug about halfway between
his ferry aud the month of Cyiiress creel;, it being a
spring that a large cow path crosses its branch near
where a eyjjress tree is cut down ; tlicuco westwardly
to a poiut 4 miles from the Tennessee river, and
standing due N. of a point on the N. bank of the
river 3 [4] miles below his ferry (m the Tennessee
river, and up the meantiers of said river to the begin-
ning.

2. A tract of land 2 miles sijuare on the N. bank of the

Tennessee river, aud at its iunctiou with Beach creek,
for the use of Appassantubby and heirs.

3. A tract of land 1 mile S(juare ontlieN. side of the Ten-

nessee river, for the use of John McCleish and heirs,
the said tract to be so run as to include the said
Mc( 'leisb's settlement aud improvements on the N. side
of Hiilfalo creek.

4. Two tracts of land, containing 40 acres each, on the S.

side of Tennessee river and abinit 2i miles licdow
the (V)tton Gin Port on the Touibigby river, which
tracts of laud will lie pointed out by MaJ. Levi Col-
beit, and for the use of said Colbert and heirs.

EOYCEJ

CESSIONS OF 1816

683

L^^>^D CESSIO:^S-Contini-ied.

Historical data and nmarks

This tract was retroceded to the U. S. by the Ottawa, Chippewa, and Pota-
watomi by treaty <jf July 29, 1829, tirst clause.

This tract is shown on the maji by the small area colored mauve south of Wis-
eonsiu river and east of the Mississipxji, at the junctiou of the two.

The territory covered by this cession was also iu part claimed by the Chicka-
saw. It is overlapped by a cession made by the latter nation uniler date of
Sept. 211. 1816. au<l also by Chickasaw cession of Oct. 20, 1832.

This cession overlaps the Cherokee cession of Sept. 11, 1811!.

Confirmed to George Colbert and his heirs by treaty of Oct. 19, 1818. Subse-
quently deeded to the V. S.. May 13, 1819.

Ceiled to the U. S. by treaty of t)ct. 19, 1818, but not surveyed prior to such
relinquishment.

Conlirmed to ,lohu McCleisli and his heirs bv treaty of Oct. 19, 1818.

Confirmed to Levi Colbert and his heirs by treaty of Oct. 19, 1818. Subse-
quently deeded to ihe U. S., May 1.5, 1819.

Designation of cession on map

Number

.See 147

79

80

81

Location

W sconsin 1, Illinois

(8a Wisconsin 1.

Alabama.

( Aialiama inorthern
portion), Missis-
l sippi, Tennessee,
I anil Alabama (por-
I tions of).

Alabama (northern
portion).

684

INDIAN LAND CESSIONS IN THE INITKD .STATES

[ETH. ANX. 13

SCHEDULE OF I^DI^INT

Date

1816

Oct. 21

1817

July i

Where or how
conchided

Reference

Tribe

Sept. 29

Choctaw
t r a d i II jj;
bouse.

Cherokee
agency,
TennessL'e.

Stat. L.,
VII, 152.

Stat. L.,
VII, 156.

Choctaw

Foot of the
r a p i il s o f
the Jliami
of Lake
Erie.

Stat. L.,
VII, 160.

Cherokee .

Wyandot, Sen-
eka, Dela-
ware,Shaw-
nee, Pota-
watomi, Ot-
tawa, and
Chippewa.

Description of rcision or reserration

The Chactiitv nation ci'de to the V. S. all tlioir claim to lands
lyint; E. of the following Vioundary : Beginning at the mouth
of Ooktibbuba, the Chickasaw boundary, .and running
from thence down the Tombigby river until it intersects the
northern boundary of a cession made to the U. S. by the
Choctaws at Mount Dexter, Nov. 16, 1805.

The chiefs, headmen, and warriors of the whole Cherokee
nation cede to the U. S. all the lands lying N. and E. of the
following lioundaries: Beginning at the High shoals of the
Apjialachy river and running thence along the boundary
line between the Creek and Cherokee nations westwardly
to the Chatahouchy river; thence up the Chatahouehy river
to the mouth of Souque creek; thence continuing with the
general course of the river until it reaches the Indian boun-
dary line, and should it strike the Turrurar river, thence
with its meanders down said river to its month, in part of
the proportion of land in the Cherokee nation east of the
Mississippi, to which those now on the Arkansas and those
about to remove there are .justly entitled.

Said nation also cede to the U. .S. all the lands lying N. .and W.
of the following boundary lines: Beginning at the Indian
boundary line that runs from the N. bank of the Tennessee
river opposite to the month of Hywassee river at a point on
the top of Walden's ridge, where it divides the waters of
Tennessee river from those of Se(iuatchie river; thence along
said ridge southwardly to the bank of the Tennessee river
at a point near to a jilace called The Negro Sugar Camp,
opposite to the upper end of the (irst island above Kunning
"Water Town; thence westwardly a straight line to the mouth
of Little Seciuatchie river; thence up said river to its main
fork; thence up its northernmost fork to its source, and
thence due W. to the Indian boundary line.

The Cherokee nation also cede to the U. S. all right to the
reservations made to Doublehead and others by the treaty
made at Washington city, Jan. 7. 1806.

The Wyandots cede to the T. S. the land comprehended within
thefollowing boundaries: Ijeginningatapointonthesouthern
shore of Lake Erie, where the present Indian boundary line
intersects the same between the mouth of Sandusky bay and
the mouth of I'ortiige river; thence running S. with said line
tothelineestabIishedinl795by the treaty of Greenville, which
runs from the crossing place above Fort Lawrence to Loramie's
store ; thence westerly Aviththelnst-raentionedlinetotheeast-
ern line of the reserve at Loramie's store; thence with the lines
of said reserve N. and \V. to the northwestern corner thereof;
thence to the northwestern corner of the reserve on the
river St Mary's, at the bead of the navig.able waters thereof;
thence E. to the western bank of the St Mary's river aforesaid;
thence down the western bank of said river to the reserve at
Fort Wayne; thence with the lines of tlie latter reserve easterly
and northerly to the N. bank of the river Miami of Lake Erie;
thence down the N. bank of said river to the western line
of the land ceded to the U. S. by the treatj' of Detroit in
1807; thence with said lino .S. to the middle of said Miami
riveropposite the mouth of the (ireat Auglaize river; thence
down the middle of the Miami rivi'r and easterly with the lines
of the tract ceded to the V. S. by the treaty of Detroit afore-
said, so far that a S. line will strike the place of beginning.

Thel'otawatcmiy, tittawa. andChippewatribescedototheU. S.
the land within the following boundaries: JSeginning where
the western line of the .State of Ohio crosses the river ]Mianii
of L.ake Erie, whj<h is about 21 miles above the mouth of
the Great Auglaize river; theni'o down the middle of said
Miami river to ;i point north of the month of the Great Au-
glaize river; thence with the western line of the laud ceded
to the U. S. liy the treaty of Detroit, in 1807, N. 45 miles; then
W. so far that a line S.will strike the place of beginning;
thence S. to the place of beginning.

CE!»SIOXS OF 1S1I5-1S17

685

L^VIXD CESSIO^^S-Coiitinned.

Hii^torii-uJ dufa and rtmarlif

Vesinnat'ion of cession on map

Location

82 Alabiima, Mississipiii.

This cession is overlapped by the ■boundaries of the tract ceded by the second
clause of the Creek treaty of Jan. 22, 1818. It Tvas one of the stipulations
contained in this treaty that duriuj; June, 1818, a census should be taken of
the whole C'lu-rokee nation, includinj; both those on the E. and those on the
W. side of the Mississippi. The U. S. agreed to give that jinrt of the Chero-
kee nation then residing, or who should remove W. of the Mississippi river,
in exehangi- for the lands ceded by the Cherokee in this treaty, as much land
on Arkansas and White rivers as the U. S. had or should receive from the
Cherokee E. of the Mississippi as the .just proportion due that jiart of the
nation on the Arkansas agreeablv to their numbers.

83

Georgia,

84

Tennessee and border-
ing States.

This Cession eonsisted of two tracts on the X. side of Tennessee river, one of
which overla]iiied Colbert's reservation under Chickasaw treaty of Sept. 20,
1816.

85,86

.\l.abama.

87

Ohio, Indiana.

88 Ohio, Michigan 1.

686

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDH^LE OF IlSTDI^N

1817
Sept. 29

Foot o f t h e
rapids of
the Miami
of Lake
Erie.

Stat. L,,
vn.HiO.

Wyandot, Sen- To the I'oregoins cessious the other tribes parties to this tre.aty
eka, Dela- give their full assent.

ware.Shaw- The U. S. agree to grant by patent in fee simple to Doanquod,
nee, Pota- Howoner, Rontoudee. Tauyan, Rontayau, Dawatout, Mano-
watomi, Ot- <ue,Tauyau(lautanson, anclHaudaunwaugh.chiefsof theWy-
tawa, and andot tribe, and their successors in office, for the use of the
Chippewa. persons and for the purposes mentioned in the aimexed sched-

ule, a tract of land 12 miles. square at Upper Sandusky, the
center of which shall be a place where Fort Ferree stands.

The U. S. also grant on the same terms and to the same parties
last above named, 1 mile square, to be located where the
chiefs direct, on a cranberry swauip on liroken Sword creek,
and to he held for the use of the tribe.

The U. S. also agree to grant by patent in fee simple to the
chiefs of the Seneca tribe and thi'ir successors in office for
the use of the persons mentioned in the annexed schedule, a
tract of laud to contain 30,000 acres, beginning on the San-
dusky river at thi' lower corner of the section hereinafter
granted to William Spicer; thence down said river on the
E. side, with the meanders thereof at high-water mark, to a
point E. of the mouth of Wolf creek; thence and from the
lieginning E.so far that a N. line will include the quantity
of H0,000 acres aforesaid.

The U. S. also agree to grant by patent in fee simple to the
chiefs of the Shawnese tribe residing at Wapaghkonetta,
and their successors in office, for tlie use of the persons men-
tioned in the annexed schedule, a tract of land 10 miles
square, the center of which .shall be the council house at
Wapaghkonetta.

The U. S. also agree to grant by patent in fee simple to the
chiefs of the Shawuese tribes residing on Hog creek, and
their successors in office, for the use of the persons men-
tioned in the annexed schedule, .a tract of land containing 25
square miles, wliich is to join the tract granted at AVapagh-
konetta. and to in elude the. Shawuese settlement on Hog creek,
and to be laid off as nearly as possible in a square form.

The U. S. also agree to grant by patent in fee simple to the
chiefs of the .Shawuese tribe residing at Lewistown, and to
the chiefs of the .Seneca tril>e residing at Lewistown, and to
their successors in office, for the use of the jiersons men-
tioned in the annexed schedule, a tract of laud to contain 48
square miles, to begin at the intersection of the line run by
Charles Roberts in the year 1812 from the source of the Little
Miami river to the source of the Sciota river, in pursn.auce of
instructions from the commissioners appointed on the part of
the U. .S. to establish the western boundary of the Virginia
military reservation with tlie Indian boundary line estab-
lished by the treaty of (ireenvilla in 179.") from the crossings
■above Fort Lawrence to Loraniie's store, anil to run from such
intersection northerly with the lirst-mentinned line and west-
erly with the second-mentioned line, so as to include the quan-
tity as nearly in a siiuare form as practicable after excluding
the section of land hereinafter granted to Nancy Stewart.

The U. S. also agree that there shall be reserved for the use of
the ("ittawa Indians, but not granted to them, a tract of laud
on lUanchard's fork of the Great Auglaize river, to fontain 5
miles square, the center of which tract is to be where the
old trace crosses the said fork.

The U. S. also agree that there shall be reserved for the use of
the Ottawa Indians, but not granted to them, a tract to con-
tain 3 miles square on the Little Auglaize river, to include
Oqnanoxa's village.

The Ottawa, Chippewa, and Potowatomy tribes grant to the
rector of thi^ Catholic church of St Anne, of Detroit, and to
the corporation of th(^ college at Detroit, to be retained or
sold as they see lit. each one-half of three sections of land
on the river L'aisin. at a place called Jlacon ; also

Three sections of laud not yet located, which tracts were re-
.served for the use of said Indians by the treaty of Detroit
in 1807.

ROVCE]

CESSIONS OF 1S1-

687

L^:N"D CESlSION"S-Coiitiiiiied.

This tnict was enlarged by treaty of Sept. 17. 1818. by the terms of which the See 211 ^
tenure was also changed from a yrant in fee simple to that of a reserve out of and 259
the ceded tract. Hy treaty of Apr. 23. 1836. 5 miles off the E. end were ceded to
the II. S. Bv treaty of Mar. 17. 1842, the remainder of the reserve was ceded
to the U. S. ■

I!y treaty of Sept. 17. 1818, the tenure of thi.'f tract was also changed from a
grant in fee simple to that of a reserve. By treaty of Apr. 23, 1836, it was
ceded to the U. S. It comi)rised Sec. 35, T. 1 S., R. 17.

This tract was enlarged by treaty of Sept. 17, 1818. by the terms of which the
tenure was also changed from a grant iu fee simple to that of a reserve out
of the ceded tract. By treaty of Feb. 28, 1831, it was ceded to the U. S.

This tract was enlarged by treaty of Sept. 17, 1818, by the terms of which the
tenure was also changed from a grant in fee simplo to that of a reserve out
of the ceded tract. By treaty of Aug. 8. 1831, it was ceded to the U. S. .

By treaty of Sept. 17. 1818, the tenure of this tract was changed from a grant
in fee simple to that of a reserve out of the ceded tract. By treaty of Aug. 8,
1831, it was ceded to the V. S.

This tract was enlarged by treaty of Sept. 17. 1818, by the terms of which the
tenure was also changed from a grant iu fee simple to that of a reserve out
of the ceded tract. By treaty of July 2U, 1831, it was ceded to the U. S.

See 212

See 163

See 165

See 166 ; Ohio (detail).

Sec 161

This tract was ceded to the U. S. by treaty of Aug. 30. 1.S31 See 16'

This tract was cedcil to the U. S. by treaty of Aug. 30. 1831 See 168 J

locatcil, and it was a mere transfer of the right to locate them from the Indians
to the Catholic church.

89

Michigan 1.

688

INDIAN LAND CESSIONS IN THE UNITED STAIES

[ETH. AXX, 18

SCHEDTL^LE OE I^DI^^s^

Date

Tl'here or how
concluded

1817

Seiit. 29

Foot of the
rapids of
the Miami
of Lake
Erie.

lieferetice

Tribe

Stat. L.,
\-ll, ll!U.

1818
Jan. :'

Coutrai-t .

Wyandot, Sen-
eka, Dela-
ware, Shaw-
nee, Pola-
watomi, Ot-
tawa and
Chippewa.

Fiankishaw

.Jau. 22 Creek ajiency, Stat. L., Creek,
on FIiu"t VII, 171.
river.

;'*ug. 24 ^ St Louis

Stat. L.. Quapaw
VII, 176.

Descriplion of cession or reserratioii

The Delaware tribe cede to the U. S. all claim to the thirteen
sections of land reserved for the use of certain persons of
their tribe by the second section of the act of Congress
passed JIar. 3, 1807.

The U. S. agree to grant by patent in fee simple to the chiefs of
the Delaware Indians living on the Sandusky waters and
their successors in office, in the same manner and subject to
the same conditions as are hereinbefore jirovided for the lands
granted to the Wyandot, Seneca, and Shaw.inee Indians, a
tract of land to contain 9 square miles, to .join the tract
granted to the Wyandots of 12 miles S([uare, to be laid off as
nearly in a square form as practicable and to include Cap-
tain Pipe's village.

The U. S. also agree to grant by patent to the chiefs of the Ot-
tawa tribe for the use of said tribe a tract of land to contain
34 square miles, to be laid out as nearly in a square form as
practicable, not interfering with the lines of the tracts re-
served by the treat}' of Greenville in 1795 on the S. side of
the Miami river of Lake Erie, and to include Tusliquegan or
McC'arty's village, which tract thus granted shall be held by
the said tribe upon thi; usual conditions of Indian reserva-
tions as though uo patent were issued.

At the special request of the said Indians the U. S. also agree
to grant to certain individuals 14 tracts of land aggregating
9,4S0 acres.

The Piankeshaws cede to the U. S. the right to locate 1,280 acres
6f land granted to them by treaty of Dec. 30, 1805.

The Creeks cede to the I'. S. the following tract of land, viz:
Beginning at the mouth of Coose creek, on the Alataniahau
river; thence along the line leading to the mounts at the
head of St. JIary's nver to the point where it is intersected
by the line run by the commissioners of the l'. .S. under the
treaty of Fort Jackson ; thence along the said last mentioned
line to a point where a line leaving the same shall run the
nearest and a direct c<iurse by the head of a creek, called by
the Indians Alcasalekie, to the Oemulgee river ; thence down
the said Oemulgee river to its junction with the Oconee, the
two rivers there forming the Alatamahau ; thence down the
Alatamahau to the lirst-iuentioned bounds at the mouth of
Goose creek.

The Creeks also cede to the U. S. the following tract, viz : Be-
ginning at the High shoals of the Apjialachee river; thence
along the line designated by the treaty of Nov. 14, 1815, to
the Ulcofouhatchie, it being the first large branch or fork of
the Oemulgee above the Seven islands; thence np the east-
ern bank of the rieofouhatchie by the water's edge to where
the path leading from the High shoals of the Apju'lachie to
the Shallow ford on the Chatahochie crosses the same, and
from thence along the said path to the Shallow ford on the
Chatahochie river; thence up the Chatahochie river, by the
water's edge on the eastern side, to Suwannee Old Town ;
thence by adirect line to the head of Appalaihie; and thence
down thi! same to the first-mentioned bounds at the High
shoals of Appalachie.

The Quapa ws cede to the U. S. the following-described country :
Beginning at the mouth of the Arkansaw river; thence ex-
tending np the Arkansaw to tlie Canadian fork and np the
Canadian fork to its source ; thence S. to Big Ked river, and
down the middle of that river to the Big raft; thence a di-
rect line so as to strike the Mississippi river SO leagues in a
straight lino below the month of Arkansaw, together with
all tlieir claims to lan<l E. of the Mis8i.ssii)pi and N. of the
Arkansaw river included within the eolorc'd lines 1, 2, and 3
on the map accompanying the original treaty.

ROVCE)

CESSIONS OF ltilT-lS18

689

L^-^:>^D CESSIOoSrS-Continiied.

Designation of cession on map

Bistorital data and remarls

Number

Location

The U. S. afterward sold these seetious under the provisions of an act of Con-
gress apjiroved May 11, 1820.

90,91 Ohio 1.

By treaty of Sept. 17, 1818. the tenure by -n-bich the Indians held this tract was i See 150 Ohio (detail).
changed from a grant iu fee simple to that of a reserve. By treaty of Aug. 3, j
1829, it was ceded to the U. S.

By treaty of Sept. 17, 1818, the tenure by which the Indians held this tract was
changed from a grant l>y patent to tliat of a reserve for the use of the Indi-
ans until they should cede the same to the U. S. By treaty of Feb. 18, 1833,
the Indians ceded it to the U. S.

The right to locate this tr.nrt given by the treaty of 180.5 had not been (so far
as can be ascertained) utilized by its location and survey prior to this con-
tract of cession. This contract is not puljlished iu the U. S. Statutes, but was
made by Governor Posey ou behalf of the U. S. It is found on page 228 of a
compilation of Indian treaties and laws published by the War Department
in 1826. and ou page 230 of the edition of 1837.

This cession overlaps the Cherokee cession by article 1. treaty of July 8, 1817.. .

This cession in terms extends to the source of the Canadian river. The actual
source of that river was at that date unknown. The territory of the U. S.
did not at this period extend W. of 100 W. longitude iu this ijuarter. This
cession was iu conseiiuence limited iu this direction to that meridian. The
line of reservation " due S\V." from the -\rkausas i)ost when surveyed struck
Saline fork above its junction with the Washita. The Quapaw claimed
that ot'right their territory extended E, of the Mississippi, and the U. S., al-
though not recognizing the validity of snch claim, accepted from them a re-
lin(]uishment of such supposed right iu order to avoid controversy.

See 182 Ohio (detail).

92

Georgia.

93

Georgia.

94

Louisiana, Arkansas
1, Indian Terri-
tory 1.

690

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDX^LE OF INDI^^IST

Date

1818

Aug. 24

TThere or how
concluded

liefer en ce

St Louis

Sept. 17

Stat. L.,
VII, 176.

Description of cession or reservalion

Quapaw

St Mary's, Stat. L
Ohio. VII, 178.

Sept. 20

St Mary's,
Ohio.

Wyandot, Sen-
eka, Shaw-
nee, and
Ottawa.

Stat. L.,
vii. 180.

Wyandot .

From tho limits of the foregoing cession the Quapaws reserve
for their future home tlie following-described tract: Begin-
ning at ;i ]ioint ou the Arkansaw river opposite the present
post of Arkansaw ami running thence a due S\V. course to
the Washita river; thence up that river to the Saline fork,
and up the Saline fork to a point from whence a due N.
course would strike the Arkansaw river at the Little Rock ;
and thence down the right bank of the Arkansaw to the place
of beginning.

It is agreed between the U. S. and tlie]>artie8 to this treaty that
the several tracts of land descril)cd in the treaty of Sept. 29,
1817, lo which this is su])])leiuentary, and agreed thereby to
be granted by the U. S. to the chiefs of the tribes named
therein for tbe use of said tribes, and also the tract granted
to the Ottawas by the twentieth article of said treaty, shall
not be tbus graijted, but shall be excejited from the cession
made by said tribes to the U. S.. and reserved for the use of
said Indians and held by them in tlie same manner as Indian
reservations have l>eeii heretofore held.

It is also a.grei-d that there shall be reserved for the use of the
Wyandots. in addition to the reservations before made, 55,680
acres, to be laid off in two tracts, tbe tirst to adjoin the S.
line of the section heretofore reserved for the Wyandot chief,
Cherokee Boy, and to extend 8. to the N. line cf the reserve
of 12 miles square at U)iper Sandusky, and the other to .ad-
join the E. line of the reserve of 12 ]uiles square at Upper
Sandusky and to extend E. for quantity.

There is also reserved for the use of the Wyandots residing at
Solomon's town ami on lilanchard's fork, in addition to the
reservation heretofore made, 16,000 acres, to hr laid off in
square form ou the lie.ad of Blanehard's fork, the center of
which shall be at the Big spring on the trace leading from
Upper Sandusky to Fort Findlay.

There is also reserved for the use of the Wyandots, on the AV.
side of Sandusky river, adjoining the sai<l river, 160 acres,
and which shall also adjoin the lower line of the two sec-
tions granted to Elizabeth Whitaker bv the treaty of Sept.
29, 1817.

There is also reserved for the use of the Shawanees, in addition
to the reservations before made, 12,800 acres, to be laid off
adjoining the E. liue of their reserve of 10 miles S(|uare at
Wapaughkouetta.

There is also reserved for the use of the .Shawanees and .Seneeas
8,960 acres of laud, to be laid oft' adjoining the W. line of the
reserve of 48 square miles at Lewistown, And the reserve
hereby made, as well as the former reserve at tbe same place,
shall be eiiually divided by an E. and W. line to be drawn
through the same. And the N. lialf of the said tract shall
be reserved for the use of the Seneeas who reside there and
the S. haif for tbe use of the .Shiiwanees who reside there.

There is also reserved for the use of the Seneeas. in addition to
the reservations before made, 10,000 acres, to be laid oft' on
the E. side of Sandusky river adjoining the S. liue of their
reservation of ,30,000 acres, which begins on the .Sandusky
river at the lower corner of William Spicer's section, and ex-
cluding said section therefrom.

The Wyandot tribe cede to the U. S. a tract of land in the ter-
ritory of Michigan, including the village called Browustown,
reserved to them and their descendants for 50 years by the
provisions of an act of Congress passed Feb. 28, 1S09.

The Wyandots also cede to the U. S. a tract of laud in the ter-
ritory of Michigan, to include the village called Maguagua,
reserved to them and their descendants for 50 years by the
provisions of an act of Congress p.assed Feb. 28, 1809.

The U. S., in consideration of the foregoing cessions, agree to
reserve for th<' use of the Wyandot Indians seetioiis 23, 24,
25, 26. 34. 35, 36, 27, and that part of section 22 which con-
tains 8 acres and lies on the S. side of the river Huron, being
in 'I'p. 4 S., K. 9 E. of the first meridian in the territory of
Mil liigan .-luil containing 4.996 acres.

CESSIONS OF :«18

691

L^I^D CESSIONS-Continued.

DcsiyiKition of ceKnion on map

Uistoric'tl datii ami remarks

Number

This reservation was ceded to tlie U. 8. by treaty of Nov. 15. 1824. It was sur-
veyed in 1818 by Tliomas Rector under contract dated Sept. 26. 1818. The W.
line of the reserve as surveyed ran from Saline creelc to Little Kock, and was
52 miles 41 chains and 22 links iu lenirth.

By treaty of Apr. 23. 1830, a tract 5 miles in wiilth otf the E. end of this reserve

was ce<led to the U. S., and the remainder of the reserve was ceded by treaty of

Mar. 17. 1842.
A green line shows the division between tlie limits of the original reserve as

established by treatv of Sept. 29, 1817, and the addition made bv this treaty

of Sept. 17, 1818.

Til is reserve was ceded to the l'. .S. by treaty of. I an. ll', 1832

This reserve comprised the XE. i of sec. 2. T. 2, U. 17, and was ceded to the U. S.
by treaty of Apr. 23, 1836.

This reserve was ceded to the U. S. by treaty of Aug. 8. 1831. A green line ou
the map indicates tlie division lietween the limits of the original reserve as
established by treaty of Sept. 29, 1817, and the addition made by this treatv
of Sept. 17, 1818.

Tliis reserve was ceded to the U. S. by treaty of July 20, 1831. A blue line shows
the division between the limits of the original reserve as established by
treaty of Sept. 29, 1817, and the addition made by this treaty of Sept. 17, 1818.

This reserve was coded to the II. S. by treaty of Feb. 28, 1831. A bine line indi-
cates the division between the limits of the original reserve as established
bv treaty of Sept. 29, 1817, and the addition made bv this treaty of Sept. 17,
1818.

) Containing iu the whole not more than 5,0(10 acres

Location

See 121 Arkansas 1.

See 211,1
259.

See 171

See 213

See 165

See 164

Ohio (detail).

See 163 J

95 1

96

Michigan :

J I
This reserve was ceded by treaty ol Mar. 17, 1842 See 260 J

(jy2

INDIAN LAND CESSIONS IN THE UNITED STATES

SCHEDXJLE OF I^I3IA.^^

1818
Sept. 25 Edwardsville, I
Illinois.

Stat. L.,
VII, 181.

Sept. 25

Oct. 2

St Lonis, Mis-
souri terri-
tory.

St Mary's,
Ohio.

Stat. L.,
vn, 183.

Stat. L.,
VII, 185.

Peoria, Fas-
Is a s k i a,

Mitchiga-
mi a, Ca-
hokia, and
Tamaroa.

Great and Lit-
tle Osage.

Potawatomi .

Oct. 2

St Mary's,
Ohio.

Stat. L., I Wea.
VII, 186.

Oct. 3

Oct. 6

St Mary's,

Ohio.

St Mary's.
Ohio.

St:it. L., Delaware
VII, 188.

Stat. L.,
VII, im.

Miami .

The foregoing tribes cede and confirm to the U. S. all claim td
laud iucluded -n-ithiu the following boundaries, viz: Begiu-
niug :it the couHuence of the ( >hio and Mi-ssissippi rivers;
thence up the Ohio to the mouth of Saline creek, about 12
miles below the mouth of the Wabash; thence along the
ilividing ridge between the %rater8 of said creek and the
"Wabash to the general dividing ridge between the ^yater8
which fall into the Wabash and those which fall into the
Kaskaskia river; thence along said ridge until it reaches
the waters which fall into the Illinois river: thence a direct
line to the confluence of the Kankakee and Maple rivers;
thence down the Illiuois river to its conlluence with the
Mississippi river and down the latter to the beginning.

The U. S. agree to cede to the Peoria tribe 640 acres of land,
to include their village on lilackwater river, in the territory
of Missouri, proyided that the said tract is not included
within u private claim ; but should that be the case, then some
other tract of ecjual quantity and value shall be designated
for said tribe at such place as the President of the U. S. may
direct.

The Osages cede to the U. S. the tract of country included
within the following bounds, viz: Beginning at the Arkan-
saw river where the present Osage boundary line strikes the
same at Frog bayou; thence up the Arkansaw and Verdigris
to the falls of Verdigris river; thence eastwardly to the
said < !)sage boundary line at a point 20 leagues N. I'mm tlic
Arkansaw river, and with that line to the place of beginning.

The Potawatamie nation cede to the U. S. the following-
described tract: Beginning at the mouth of Tippecanoe river
and running up the same to a point 2.") miles in a direct line
from the AVabash river ; thence on a line as nearly parallel to
the general course of the Wabash river as practicable to a
a point on the Vermillion river 2.5 miles from the Wabash
river; thence down the A'ermillion river to its mouth, and
thence up the Wabash river to the place of beginning.

The Potawatamies also cede to the U. S. all their claim to the
country S. of the A\'abash river.

The U. S. agree to purchase any just claim which the Kicka-
poos luay have to auy part of the lountry above ceded lying
below I'iue creek.

The Wea tribe of Indians agree to cede to the U. S. all the
lands claimed aud owned by the said tribe within the limits
of the States of Indiana, Ohio, and Illinois.

The Wea tribe of Indians reserve to themselves the following-
described tract of land: ISegiuniug at themoitth of Raccoon
creek; tlieuce by the iircsent boundary line 7 miles : tbence
northeasterly 7 miles to a point 7 miles from the Wabash
river; thence to the Wabash river by a line parallel to the
present boundary line aforesaid, and thence by the Wabash
river to the place of beginning.

The Wea tribe accede to and sanction the cession of land made
by the Kickapoo tribe to the U. S. in the second article of
the treaty of Dec. U, 1809.

The Delaware nation cede to the U. S. :ill their claim to land
in the state of Indiana.

The U. S. agree to ]irovide for the Delawares a country to
reside in upon the W. side of the Mississiji])! and to guar-
antee them peaceable possession of the same.

The Miami nation of Indians cede to the V. S. the following
tract of country: Beginning at the Wabash river Tvliere
the present Indian boundary line crosses the same, near the
mouth of Raccoon creek; thence up the Wabash river to
the reserye at its head ni'ar Fort Wayne; thence to the
reserve at Fort Wayne; thence with the lines thereof to the
St Mary's river; thence up the St Mary's river to the reser-

EOYCEI

CESSIONS OF 1818

G93

l^J^NT) CESSIOjSrS-Continiied.

Histiirical data and remarks

Designation of cession on nuq)

Xumbn-

Location

I'he treaty of Aug. 13, 1803, with the Kaskaskia in fact included not only the
representatives of that trilie but also those of the Mitchigamia, Caholcia,
and Tamaroa tribes, all being members of what was known as the Illinois
confederacy. The Peoria were not included in the treaty of 1803, although
they were also one of the tribes of the Illinois confederacy. This treaty of
1818 was therefore concluded with the view of quieting all claim that any
tribe of the Illinois confederacy might make to the territory described.
The tract thus ceded not only included and coniirmed the cession of Aug. 18,
1803, but also enlarged its boundaries so as to cover all claim of the Peoria.
The addition ceded by this treaty to the U. S. is that portion of the tract
lying N. of the dotted black line running from the mouth of Illinois river
in a northeasterly direction to the eastern boundary of the tract.

This tract was ceded to the U. S. by treaty of Oct. 27, 1832. Boundaries were
in a northeasterly direction to the eastern boundary of the tract.

96(1. See 48

Illinois 1.

SI" Arkansas 1. Indian

Territory 1.

!'.'< Illinois I.Indiana.

This was an indetiuite claim and the territory covered by it was more specific-
ally delined by the Miami cession of Oct.ti, 1818.

The claim of the Kickapoo here referred to was purchased from them by the
r. S. by treaty of July 30, 1819.

This was an indelinite claim and was more specilically covered by the cessions
of other tribes.

This reserve was within the geniTal outer boundaries of the Miami cession of See 114 Indiana.
Oct. 6, 1818. It was ceded to the V. S. by treaty of Aug. 11, 1820.

See 74

Indiana. Illinois 1.

This was an indelinite claim and is more si)eciiically covered by the cessions of

other tribes.
See treaty of Sept. 24, 1829.

99

Chio, Indiana.

694

INDIAN LAND CESSIONS IX THE UNITED STATES

[ETH. AXX. 18 I

SCHEDULE OE i:S DI^^

Vale

Where or how
concluded

Reference

Tribe

Descriplion of cession or reserralion

1818
Oct. 6

St.Maiv's,
Ohio.

Stat. L.,
VII, 189.

Oct. in

Old Town,

Mississippi.

Stat. L.,
VII, 192.

Miami vation at the Portage; thence with the line of the cession

iiiaile by the Wyandot nation of Indians to the U. S. at tlie
foot of the rapids of tlie Miami of Lake Erie on the 2!Uh of
Sept., 1S17. to the reservation at Loramie's store; thence
with the present Indian boundary line to Fort Recovery,
and with the said line to the place of beginning.

From the foregoing cession the Jliamis reserve for the nee of
said nation the following described tracts: (1) One reser-
vation extending along the Wabash river, from the month of
Sahtiuanie river to the mouth of Eel river, and from those
l)oiuts running due S. a distance equal to a direct line from
the mouth of Salamanie river to the mouth of Eel river.
(2) One reservation of 2 miles square on the river Sala-
manie at the mouth of .\tihejiong(iwawe creek. (3) line
reservaticm of 6 miles square on the Wabash river below
the Forks thereof. i4> due reservation of 10 miles square
o]ipo8ite the mouth of the river A. B(uiette. (.5) One res-
ervation of 10 miles square at the village on Sugar Tree
creek. (6) One reservation of 2 miles square at the mouth
of a creek called Flat Kock, where the road to White river
crosses the same.

The U. S. also agree to grant to certain individuals 21 tracts
of land aggregating 49 sections.

The Miami nation assent to the cession nuide b.v the Kickapoos
to the U. S. by treaty concluded at Vincennes, Dec. 9, 1809.

Chickasaw .. . The Chickesaw nation cede to the U. S. (wi*h the exception of
the reservations hereinafter described) all claim to land lying
N. of the S. boundary of the State of Tennessee, which is
J bounded S. by the thirty-tifth degree of N. latitude, and
which land hereby ceded lies within the f<dlowing boundary,
viz: IJeginning on the Tennessee river, about tiii miles by
water below Col. Oeorge t'olbert's ferry, where the thirty-
fifth degree of X. latitude strikes the same; thence due W.
with said degree of latitude to where it cuts the Mississipjii
river at or near the Chickasaw liluM's; thence u]> the said
Mississippi river to the mouth of the Ohio; thence up the
Ohio river to the mouth of Tennessee river; thence up the
Tennessee river to the ]dace of beginning.

It is agreed that a tract of land containing 4 miles square, to
include a salt lick or springs on or near the river Sandy, a
l)ranch of the 'fennessee river, and within the land above
ceded, be reserved and laid off in a square or oblong so as to
include the best timber.

It is agreed that there shall be paid to Oppassantubby, a prin-
cipal chief of the Chickesaw nation, within (iO days after the
ratification of this treaty, the sum of $500 as a full compen-
sation f(U' the reservation of 2 miles square on the N. side of
Tennessee river, secured to hiiu au<l his heirs by treaty with
the Chickesaw nation. Sept. 20, 1S16.

It is agreed that the reservations nuide to George and Levi
Colbert by the treaty of Sept. 20. 1816. shall inure to the
sole use of the said Oeorge and Levi Colbert, their heirs and
assigns forever, with their butts and bounds :i8 delined by
said treaty and agreeable to the marks and boundaries as
laid off and marked by the surveyor of the l'. .•>.

It is agreed that the reservation secured to John ilcCleisii on
the >f. .side of Tennessee river b.v the treaty of Sept. 20, ISlli,
in consequence of his having been raised in the State of
Tennessee and marrying a white woman, shall inure to the
sole use of said .lohu McCleish, his heirs and assigns, forever.

KOVCE]

CESSIONS OF 1818

695

L^ND CESSIO:NrS-Contiiixaed.

Part of Xo. 1 was ceded to the U. S. by treaty of Oct. 23, 1834, and part of the
remainder bv treaty of Nov. 6, 1838. No. 2 was ceded to the U. S. by treaty
of < let. 23, 1834. No. 3 was ceded to the U. S. by treaty of Nov. C, 1838.
Fart uf No. 1 was ceded to the U. S. by treaty of Oct. 23, 1834, and the
remainder by treaty of Nov. (i, 1838. No. 5 was ceded to the U. S.bv treaty
of Feb. 11, 1828. No. 6 was ceded to the U. S. by treaty of Nov, 6, 1838.

This cession was intended to include all lands N. of 3")- N. Latitude, General
Winchester snrveyed the line but diverged from the true parallel so that his
line struck tlie JIissis8ip])i river over 4 miles to the N. of 35- as afterward
ascertained. The ijuantity of land thus included between the Winchester
line and the true parallel of 3.") - was 21.^,927 acres. The subseciueut treaty of
May 24, 1834, declared the Winchester line should be the true boundary of the
cession so far as the rights and interests of the Chickasaw were concerned.
According to Winchester's field notesof survey in 1819, his line began on the
W. bank of Tennessee river at 3.5- N. latitude and ran due W.. leaving the
nmuth of Wolf river 7 miles to the N. and Fort Pickering 4A miles to the N.,
intersecting Mississippi river three-fourths of a mile below the end of Presi-
dent's island, a distance of 110 miles from the beginning.

This reserve was ceded to the U. .S. by the supplemental article to the treaty of
May 24, 1834. See also treaty of .June 22, 1852. Boundaries of this tract
were never ascertained.

The boundaries of this reservation were not surveyed previous to relinquish-
ment.

These reservations were deeded to the IT. S. by the owners. May 15, 1819.

Ijoundaries not ascertained.

18 ETH, PT

See (1)198,
251, 256,
258; (2)
196.

See (3) 252,

(4) 197
and 253,

(5) 142,

(6) 254.

Indiana.

Indiana (detail).

100

See 81

Tennessee an d bord er-
ing States.

Tennessee and Ala-
bama (portions of).

696

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF ijsrDiA.:sr

DaU

Where or how
concluded

Beference

1819

Feb. 27 Washington,
D.C.

July 30 , EilwarJsville,
Illinois

Stat. L.,
VII, 19.5.

Cherokee .

Stat. I,., Kickapoo

VII, 2(10.

Description of cession or reservation

The Cherokee nation cedes to the U. S. all of their lands lying
N. and E. of the following line, viz : liegiuning on the Ten-
nessee liver at the i)oiut where the Cherokee boundary with
Madison county, in llie .Alabauui territory, joins the same;
thence along the main channel of said river to the month of
the Highwassce; thence along its main channel to the tirst
hill which closes in on said river, abcnit 2 miles above
HighwasseeOld Town ; thence along the ridge which divides
the waters of the Highwassee and Little Tellico to tbe Ten-
nessee river at Tallasee; thence along the main channel to
the. junction ot the Coweo and Xanteyalee; thence along the
ridge in the fork of said river to the to]) of the Blue Ridge;
thence along the Blue Ridge to the Unicoy Turni)ike road;
thence by a straight line to the nearest main source of the
C'hestatee; thence along its main channel to the Chata-
houchee; and thence ti> tlie Creek boundary ; it lieing under-
stood that all the islands in the Chestatee and the parts of
the Tennessee ami Highwassee (with the exception of Jolly's
island in the Tennessee), which constitute a portion of the
present boundary, belong to the Cherokees.

The Cherokee nation cedes to the U. S. Jolly's island in Ten-
nessee river.

Also a. small tract lying at and below the mouth of Clinch river,
reserved to the former by treaty of Oct. 2!), 180.5.

Also in trust, to be sold ("or the benefit of the Cherokee national
school fund, a tract cijual to 12 miles sipiare, to be located by
commencing at the point formed by the intersection of the
boundary line of Madison county and theN. bank of the Ten-
nessee river; thence along the saicl line and np the said river
12 miles.

Also one section of 1 square mile at the foot of Cumberland
mountain, at and near the place where the turnpike gate
stands, which was reserved by said nation bv treaty of Oct.
25, 1805.

Also one section of 1 square mile on the N. bank of the Ten-
nessee river, where the Cherokee Talootiske now lives, which
was reserved by said nation by treaty of Oct. 25, 1805.

Also the 3 other s<inare miles which were reserved liy treaty of
Oct. 25. 1805, for the particular disposal of the U. S. on the
N. bank of the Tennessee, opposite to and below the month
of Hiwassa river.

From the above cession 31 tracts of 610 acres each were re-
served for individuals; it was also agreed that every head of
an Indian family who would become a citizen of the U. S.
should receive 010 acres.

The Kickapoo tribe cede to thi' U. S. all claim to land on the
SE. side of the Wabash river, including the principal village
in which their ancestors formerly resided, consisting of a
large tract to whicli they have h.id from time immemorial
and now have, as they claim, a just right.

The Kickajioi) tribe also cede to tlie U. S. all land ■within the
following l)ounilaries, viz: Beginning on the Wabash river
at the upper jioint of their cession made by the second ar-
ticle of their treaty at \iucennes, on the 9th of December,
1809; ruuuiug thence northwestwardly to the dividing lino
between the States of Illinois and Indiana; tlience along
said line to the Kankakee river; thence with said river to the
Illinois river; thence down the latter to its mouth; thence
with a direct line to the NW. cornerof the Viucennes tract as
recognized m the treaty with the I'lankeshaw tribe at'Vin-
ceuues, Dec. 3(1, 1805; and thence with the western and
northern boundaries of the cessions heretofore made by the
said Kickapoo tribe of Indians, to the beginning. Of this
tract of land the Kickapoos claim a large portion by descent
from their ancestors, and the balance by conquest from the
Illinois nation coupled with uninterrupted possession for
mmi- than half a century.

The Kickapoo tribe also contirm all their former treaties with
tlie U. ."^ and relinquish to the latter all claim to every jior-
tion of their lands which may have been ceded by any other

CESSIONS OF 1819

697

L^A.I^D CESSIO^S-ContiiiLied.

IIistO)^ical data and remarl.8

The lines nf cession I'roni HiwasseeOld Town to Ten-
nessee river :it Talassee and also from tUe forks of
Cowee and Nanteyalee rivers to tlie Blue Kiilge
were surveyed in ,Iuue, 1819, by Kobert Houston
and James Mclntosli, iDmniissioners on behalf of
tbe U. S. and the Cberokee nation, respectively.
Hon. Wilson Lnuipkiu was designated to run tbe
line from tbe Unicoy turnpike crossing of tbe ISlue
Kidge to tbe nearest main source of the Cbcstatee,
wbicb be did. Houston began his survey L'A miles
above Hiwassee Old Town, but found no ridge di-
viding tbe waters of Hiwassee from those of Little
Tellico.

This cession consists
of three tracts.

('

DxaignatloH of cession on map

Number

Location

101

102
103

101
105
106

107

108
109

See articles 2 and 3 of tbe treaty.

This was an indefinite claim ami was already covered by tbe previous cession
by the Miami. Oct <i. 1818.

This cession was made by the main body of tbe Kickapoo. One month later
a cession was made l>y the Vermillion Kickapoo, the most of which was
within the limits of this cession. Tbe two cessions are therefore comjolidated
on tbe map into one. The cession as thus consididated overlaps in Indiana
the Potawatomi cessions of Oct. 2. 1818, ami Oct. 26. 1832. It also overlaps
in Illinois the cessions of 179.^ at Peoria fort and the mouth of Illinois river;
also the Kaskaskia and Peoria cessions of 1,S03 and 1818 and the Piankisbaw
cession of 1805. It is indicated on map 2 of Illinois by an orange-colored
area and on the map of Indiana by a blue line.

Tennessee and bonlcr-
ing States;

110

Illinois 2, Indiana.

698

INDIAN LAND CESSIONS IN THE UNITED STATES

[eth. anx. 18

SCHEDLJLE OF II^DI^^

Date

Where or hoic
concluded

Heference

Trihe

Descriplkin of cession or remrration

1819

July 30

Edwardsville,
Illiuois.

Au<;

30 I Fort Harrison,
Indiaua.

Sept. 24

S a g i n a vr ,
Michigan
territory.

Stat. L., I Kickapoo ' tribe aud all and every demand which they might have liad

VII, 200. in couseiiufuce of the second article of the treaty with the

Pottawattamy nation of Indians at St Mary's on C>ct. 2, 1818.
Also without reservation all other tracts of lan<l to which
they have any riglit or title on the left side of the Illiuois
au(l Mississippi rivers.
In consideration of the foregoing cessions the U. S. agree to
cede to the Kickapoos and their heirs forever a certain tract
of land lying in the Territory of Missouri and included
within the following boundaries, viz : Beginning at the con-
fluence of the rivers Pomnies de Terre and Osage; thence up
said river Pommes de Terre to the dividing ridge which
sei)arate8 the waters of Osage and White rivers; thence
with said ridge and westwardly to the Osage line; thence
due \. with said line to Nerve creek; thence down the same
to a point due S. of the month of White Clay or Richard
creeic ; tlience N. to the Osage river; thence down said river
to the beginning: Provided, that said tril)e shall never sell
said land without the consent of the President of the U. S.

Stat. L.. Kickapoo of The Kickapoos of the Vermillion cede to the U. S. all lands
VII, 2(12. the Vermil- which said tribe has heretofore possessed or which they may
ion. rightfully claim on the Wal)ash river or any of its waters.

And to the end that the U. S. may 1)0 aljle to fix with the
other Indian tribes a boundary between tbrir respective
claims, the chiefs, warriors, and headmen of the said ti'ibo
do hereby declare tliat their rightful claim is as follows;
Beginning at the NW. corner of the Vincennes tract; thence
westwardly by the boundary established by a treaty with
the Piankeshaws on Dec. 30, 1805, to the dividing ridge
between the waters of the Emljarras and the Little Wabash ;
thence by the said ridge to the source of the Vermillion
river; thence Viy the same ridge to the head of Pino creek;
thence by the said creek to the Wabash river; thence by the
said river to the mouth of Vermillion river, and thence by
the Vermillion and the boundary previously established to
the place of beginning.

Stat. L., Chippewa. The Chippewa nation cede to the U. S. the land comprised

VII, 203. ! within the following described boundaries, viz: Heginuiug

at a point in the present Indian boundary line, which runs
due N. from tlie mouth of the great Auglaize river, 6 miles
S. of the place where the base line so called intersects the
same; thence W. 60 miles; thence in a direct line to the
head of Thunder Hay river; thonco down the same, following
the courses thereof to tlie month : tlience NE. to the bound-
ary line between the U. S. and tlie British Province of Upper
Canada ; thence with the same to the line established by the
treaty of Detroit in 1807; thence with said line to the place
of beiiiuuing.
From the foregoing general cession the Chippewa nation
reserves for future use and occupancy the following de-
scribed tracts:

1. t ine tract of 8,000 acres on the E. side of the river Au
Sal)le, near where the Indians now live.

2. One tract of 2,000 acres on the river Mesagwisk

3. I »ne tract of 0,000 acres on the N. side of the river Ka w-
liawling at the Indian village.

4. One tract of 5,7(50 acres upon the Flint river, to include i
Keaum's village and a ]dace called Kisbkawbawee.

5. One tract of 8,000 acres on the head of the river Huron i
which empties into the Saginaw river at the village of 1
Otnsson. j

6. One island in the .Saginaw bay

7. One tract of 2,000 acres where Nabobask formerly lived. .

8. One tract of 1,0(10 acres neartbe island iu Saginaw river-!

9. One tract of 640 acres at the bend of the river Huron,
which empties into the Saginaw river.

10. One tract of 2,000 acres at tlie mouth of Point Augrais ,
river. i

BOVCE]

CESSIONS OF 1S19

G99

L^ISTD CESSIOHSrS-CoiitinxiecL

Historical datu and rimarhs

Designation of cession on map

Xii m bey

Location

The character of the title by which this tract is herein granted was modified
by Article 1, treaty July iii, 1820.

See explanatory note to treaty of July 30, 1810 .

This cession is overlapped by the Ottawa, Chippewa, and Potawatomi ces-
sion of Aug. 29, 1821, and also bv the Ottawa and Chippewa cession of Mar.
28, 1836.

Ceded to the U. S. by treaty of Jan. 14, 1837. See note in this schedule opposite
that treaty.

Ceded to the U. S. by treaty of Jan. 14, 1837

Ceded to the U. S. by treaty of Jan. 14, 1837

Ceded to the U. S. by treaty of Jan. 14,18.37

Ceded to the U. S. by treaty of Jan. 14, 1837 ,

Ceded to the U. S. by treaty of Jan. 14. 1837 ,

Ceded to the U. S. by treaty of Jan. 14. 1837

Ceded to the U. .s. by treaty of Jan. 14, 1837

Ceded to the U. S. by ti'eaty of Jan. 14, 1837

Ceded to the U. S. by treaty of Jan. 14, 1837

See 179

Missouri 2.

110

Illinois 2, Indiana.

Ill

See 227

See 228

See 229
See 230

See 231
See 232
See 233
See 234

See 235 j

Michigan 1.

Michigan (Saginaw
bay to Lake Eriel.

700

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN, IB

SCHEDULE OF INDI^\ :Nr

Date

Where or how
covcluded

liefercHCC

Tribe

1819

Sept. 2-i

1820

June 16

July 6

July 19

Saginaw,
Michigan
territory.

Stat. L.,
vn,203.

Sanlt de Ste Stat. L.,
Marie, Mich- vii, 206.
igan terri-
tory.

Chippewa .

Descrijition of cesshnt or reservation

Chippewa

L'Arbre Cro-
c h e and
Michili-
mackin a c ,
Michigan
territory.

St Louis, Mis-
souri terri-
tory.

Stat.

VII,

L.,

207.

Aug. 11

Oct. 18

Vinccnnes,
Indiana.

Stat. L.,
VII, 20S.

Ottawa and
Chippewa.

Kickapoo .

Stat. L.,
VII, 209.

Wea.

Doak's Stand, Stat. I..,
Choctaw VII, 210.
nation.

Choctaw

11. One tract of 1,000 acres on the river Huron, at Menoe-

([iiet's village.

12. One tract of 10,000 acres on the Shawassee river, at a

place called the Big Rock.

13. One tract of 3,000 acres on the Shawassce river at

Ketchcwaundaugeniuk.

14. One tract of 6,000 acres at the Little Forks on the

Tetabawasink river.

15. One tract of U.OOO acres at the Black Bird's town on the

Tetabawasink river.

16. One tract of 40,000 acres on the W. side of Saginaw

river, to be hereafter located.

The Chippeway tribe cede to the U. S. the following tract of
land: Beginning at the Big Kock in the river St Mary's on
the l)0undary line between tlie U. S. and the British I'rovince
of Upper Canada, and running thence down the said river
with the middle thereof to the Little Kapid; and from those
2ioiuts running back from the said river, so as to include 16
square miles of land.

The I'. S. agree to secure to the Chippewaysa perpetual right of
fishing at the falls of St Mary's, .and also a ])lace of encautp-
inent upon the tract hereby ceded, convenient to the fishing
ground, which place shall not interfere with the defenses of
any military work which may be erected nor with private
rights.

The Ottawa and Chippewa nations cede to the V. S. the St
Martin islands in Lake Huron, containing plaster of iiaris.

It is .agreed between the U. S. and the Kickapoos that the sixth
article of the treaty of .Inly 30. 1819, to whiih this is supjde-
meutary, shall be altered and amended so as to read as fol-
lows; "In consideration of and exchange i'or the cession
made by the alciresaid tribe, in the first article of this treaty,
the U. S. in addition to ^3,000 worth of iiu-rchandise, this day
paid to the said tribe, hereliy cede to the said tribe, to be by
them possessed in like manner as the lands ceded by the
first article of this treaty by them to the I'. S. were possessed,
a certain tract of laud in the territory of Jlissouri, and
included within the following boundaries, viz: Beginning at
the conlluence of the rivers ronimes de Terra aud Osage;
thence up said river ronimes de Terre to the dividing ridge,
which separates the waters of ( isage and White rivers ; thence
with said ridge and westwardly to the Osage line; thence
due N. with said line to Nerve creek ; thence down the same
to a point due S. of the mouth of White Clay or Hichard
creek ; thence X. to the Osage river; thence down said river
to the beginning.

The Wea tribe cede to the U. S. all the l.'inds reservcil by the
second article of the tre;itv between the U. S. and said tribe,
concluded at St Mary's Oct. 2, 1818.

The Choctaw nation cede to the V. S. all the land within the
following boundaries, viz : Beginning on the Clmcta w bound-
ary E. of I'earl river, at a jioint due S. of tlii^ White Oak
spring on theold Indian path ; thence N. to said spring; thence
northwardly to a black oak standing on the Natchez road
about 40 p(des eastwardly from Doak's fence, marked A. J.
aud blazed, with two large pines and a black oiik standing
near thereto and marked as pointers; thence a straight line

CESSIONS OF 1819-1820

701

L^^D CESSION'S-Ooiitiiiiied.

JJiHloriral data aud remarks

Designation of cession on map

Number

Location

Ceded to the U. S. by treaty ot" Jan. 11. 1837 See 236

Ceded to the U. S. by treaty of Jau. 14, 1837 [ See 241

Ceded to the U. S. by treaty of Jan. 14, 1837. This tract was at the date of this
treaty supposed to lie within the limits of the general cession made by arti-
cle 1, and was reserved on tliat theory. It was suliseiiuently ascertained,
however, that it was within tlic limits of the previous cession l)y the treaty
of Nov. 17, 1807. It is therefore considered as a "grant" to the Indians from
the U. S.

Ceded to the U. S. by treaty of Jan. 14, 1837

Ceded to the TJ. S. by treaty of Jan. 14, 1837
Ceded to the IT. S. by treaty of Jan. 14, 1837

This reserve was located in T. 47 N., R. 1 E., and comprised fractional sections
4, .">, and (i. It was cedeil to the U. S. by treaty of Aug. 2. 185.5. It is too
small to be shown ou map.

This tract was receded to the V. S. by the Kickapoo by treaty of Oct. 24, 1832,
and another tract was assigned them in lieu thereof, W. of the Missouri river.

See 237

See 238
See 239

See 240

112

113

See 179

Michigan (Saginaw
bay to Lake Erie).

Michigan 2.

Michigan (Saginaw
bay to Lake Erie.)

Michigan 1.

Missouri 2.

114

Indiana.

The treaty provides that out of this ceded tract the IT. S. shall set apart 54
sections to be sold for the purpose of raising a Choctaw school fund.

115

Mississippi.

702

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDX^LE OF I^DI^\^^

Date

ll'here or how
coiwhtdcd

He fere lice

Trihe

1820

Oct. 18 Doak's Stand, ' Stat. I..,
C Uocta^v vii,210.
nation.

1821
Jan. 8

Choctav

Indian Spring,
C'leek na-
tion.

Deacripthii of cession or reseriatioii

Stat. L.. Creek.
VII, 215.

Aug. 29 Cliioago, Illi-

St:it. L.,
VII, 218.

Ottawa, Chip-
pewa, and
Potawatomi.

to the lieail of Black creek, or Bouge Loosa; tbence down
Black creek, or Bouge Loosa, to a small lake; thence a
direct course, so as to strike the Mississippi 1 mile below
the mouth of the Arkansas river: thence down the Missis-
sippi to our boundary; thence around and along the same to
the beginning.
In Cdusideration of the foregoing cession by the Choetaws,
and in part satisfaction of the same, the T. S. cede to said
Choctaw nation a tract of country AV. of the Jlississippi
liver, situate between the Arkansas and }?ed river and
bounded as fcdlows: Beginning on the Arkansas river where
the lower boundary line of the Cherokees strikes the same;
thence up the Arkansas to the Canadian fork, and up the
same to its source; thence due S. to the Ked river: thence
down Ked river 3 miles below the mouth of Little river,
which empties itself into Red river on the N. side; thence a
direct line to the beginning.

The Creek nation cede to the U. S. the land east of the follow-
ing boundaries, viz: Beginning on the E. bank of Flint
river where Jackson's line cros.ses, running thence u]i the
eastern bank of the same along the water's edge to the head
of the principal western branch: from thence the nearest
and a direct line to the Chataliooche river, up the eastern
bank of the said river, along the water's edge to the Shal-
low ford where the present boundary line between the
'state of Georgia and the Creek nation touches the said
river, provided, however, that if the said line should strike
the Chatahooche river below the Creek village Buzzard
Roost, there shall be a set-oft' made, so as to leave the said
village 1 mile within the Creek nation.

From the foregoing cession there is reserved to the Creek
nation the following tracts:

1. One thousand acres to be laid off in a square, so as to in-

clude the Indian spring in the center thereof.

2. Six hundred and forty acres on the western bank of

Oakmnlgee river, .so as to include the improvements
at present in the possession of the Indian chief. Gen-
eral Mcintosh.
It is also agreed that the title and possession of the following
tracts of land shall continue in the Creek nation so long as
the present occupants .shall remain in personal possession
thereof: (")ue mile square each, to include as near as may be
in the center thereof the improvements of Michey Barnard,
James Barnard, Buckey Barnard, Cussena Barnard, and
Efaucmatblaw, on the E. side of Flint river, which reser-
vations shall c<uistituto a part of the cession made by the
first article so soon as they shall be abandoned by the pres-
ent occupants.
It is also agreed that so long as the U. S. continue the Creek
agency at its present situation on Flint river the laud
included within the following boundary, viz: Beginning on
the E. bank of Flint river at the mouth of the Boggy branch
and running out at right angles from the river lA miles;
thence np and jiarallel with the river 3 miles; thence ]iaral-
lel with the first line to the river, and thence down the
river to the place of beginning, shall be reserved to the
Creek nation for the use of the U. S. agency and shall con-
stitute a part of the cession made by the tirst article when-
ever the agency shall be removed.

The foregoing nations of Indians cede fo the U. S. the laud
comprelieiuled within the following boundaries: Begiuuing
at a point on tlie .s. liank of the river St Josejih of l^ake
Michigan near the Pare aux Vache.s, due N. from K'nm's vil-
lage, and running thence S. to a line drawn due E. from the
Bouthern extreme of l^ake Michigan; thence with the said
line E. to the tract ceded liy the I'attiwatimies to the T'. 8.
by the treaty of Fort Meigs in 1817 if the said -line should
strike said tract, but if the said line should pass N. of the

CESSIONS OF 1820-1821

703

T.^-Vj>^D CESSION"S-Coiatinxied.

Hhlorhal thiia and remarks

Designation of cession on map

Number

Location

The portion of this tract Avithin the limits of Arkansas Tras ceded liv the
Choctaw to the I'. S.. Jan. 20, 1825.

, See 122 Arkansas 2.

This reserve was ceded to the U. S. hy treaty of Jan. 24, 1826.
This reserve was ceded to the U. S. by treaty of Jan. 24. 1826.

Boundaries of these tracts not ascertained.

11(> Georgia.

See 129 Georgia.

This reserve was ceded to the U. S. by treaty of Jan. 24, 1826 i See 130

This cession overlaps thu tract ceded by the Chippewa bv treaty of Sept. 24, ' 117

1819. . . 1 >

Georsria.

Michigan 1, Indiana.

70-4

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF I^DI^IST

», , Where or how \ r, ^

Dale I I J J Rejerence

' concluded

1821

Aug. 29

1823

Mar. 3

Chicago, Illi-
nois.

Stat. L.,
VII, 218.

Ottawa, Chip- '
pewa, and
Fotawatomi.

Act of Con-
gress.

Stat. L.,
111,749.

Moravian or
C h r i s t i an
Indians.

Sept. 18

C a ui !> o 11
Moultrie
creek in
Florida
territory.

■Stat. L.,
VII, 224.

Florida tribes.

s;ii<l tract, then such liue .shall lie continued until it strikes
till' western boundary of the tract ceded to the l'. S. hy
treaty of Detroit in 1807, and from the termination of the
.said line, f(dlowing the lioundaries of former cessions, to the
main branch of the Grand river of Lake Michigan, should
any of the said lines cross the said river, but if none of the
said lines should cross the said river, then to a point due E.
of the Sonne of the said main brancli of the said river, .and
from such point due W. to the source of the said princi])al
branch, and from the crossing of the said river or fnun the
source thereof, as the case may be, down the said river on
the N. bank thereof to the mouth: thence following the
sLore of Lake Michigan to the S. bank of the said river St
Joseph at the mo-nth thereof and thence with the said S.
bank to the place of beginning.
From the foregoing cession tlie said Indians reserve for their
use the following tracts, viz:

1. One tract at Maug-ach-qua village, on the river Peble,

of 6 miles square.

2. One tract at Mick-ke-saw-he of 6 miles square.

3. One tract at the village of Na-to-wase-pe of 4 miles

sijuare.

4. One tr:ict at the village of Prairie Konde of 3 miles

square.
.5. One tract at the village of Match-e-be-narh-she-wish, at
the. head of tUe Kekalainazoo river.
The U. S. grants irom above cession 26 sections of land to indi-
viduals of Indian descent.

Congress, by the provisions of this act, appropriated $1,000
with which to purchase and extinguish the Indian title to
three tracts of land, containing 4,00(1 acres each, lying on
Jluskingnm river, in Tuscarawas county, Ohio. These tracts
were as foUows:

1. One tract of 4,000 acres at Shoenbrun

2. One trait of 4,000 acres at Gnadenhutten

3. One tract of 4,000 acres at Salem

The Florida trilies cede to the L^. S. all claim or title which
they have to the whole territory of Florida, with the excep-
tion of such district of country as shall herein be allotted to
them.

The Florida tribes will hereafter be concentrated and confined
to the following metes and boundaries: Commencing.') miles
N. of Okiduimke, running in a direct line to a i)oiiit5 miles W.
of Sc'tarky"s settlement, on the waters of the Amazura (or
Witblahnihio river), leaving said settlement2 miles S. of the
line: from thence in a direct line to the ."<. end (d' the 15ig
Hammock, to include Chicknchate: continning in the same
direction for 5 miles beyond the said llammoik, provided
said point does not approach nearer than 15 miles the sea-
coast of the Gulf of Mexico: if it does the said line will ter-
minate at that distance from the seacoast; thence S. 12
miles: thence in a S. 30- E. direction until the same shall
strike within "i miles of the main branch of Charlotte river;
thence in a due K. direction to within 20 miles of the .Vtlantic
coast: thence N. 1.")- W. for 50 miles, and from this last to
the beginning ])oint.

The Indians having objected to being concentrated within the
limits above described, for fear there was insufficient good
land to subsist them, the U. S. agree that should 8ai<l terri-
tory, after examination, be found to contain insnfiicient good
land, then the X. line, as above defined, shall be removeil so
far X. as to embrace a sufficient quautitv of good tillable
land.

BOYCE]

CESSIONS OF 1821-1823

705

L^N"D CESSIO^S-Continiiecl.

Historical data aiui rtniarks

Ilfsiijnation of cession on may

yum her

Location

This reserve was ceded to the 1'. S. by treaty of Sept. 19, 1827. The bound-
aries were never a.scertained.

This reserve was ceded to the U. S. by treaty of Sept. 19, 1827

This reserve was ceded to the U. S. by treaty of Sept. 27, 1833

This resi^rve was ceded to the I'. .S. by treaty of Sept. 19. 1827.
This reserve was ceded to the V. S. by treaty of .Sept. 19, 1827.

An ordinance of Congress of Sept. 3, 1788, set apart three tracts of 4,000 acres
each at Shoenbiuii, Gnadenhutteu, and Sali^ni, on Muskingum river, for
the Society of I'nited Brethren, to be used in propagating the gospel among
the heathen. By act of Congress approved June 1, I'SHI, ]irovision was made
for surveying and patenting these tracts to the society in i|uestion. in trust
for the l)enetit of the Christian Indians. Under the provisions of the act of
Mar. 3, 182:!, Lewis Cass was apjiointed to negotiate for the reliuriuishment
of the title to the U. S. This he secured and transmitted tlie relinquish-
ment of both the society and the Indians to the War I'epartment, umler
date of Nov. 19. 1823, and by act of May 20, 1821. Congress made provision
for the disposition of the lauds.

The boundaries of this reserve were partly surveyed an<l the remainder approxi-
mated by Colonel Cadsden in 1824. They are shown by yellow lines. Colonel
Gadsden rerommended an addition to the reserve to include more tillable
land. This addition was made by Executive order, .Inly 29. 1824, and is .shown
by a crimson line. A second addition was ni.ade for a like purpose by the
I'Vesideut, anil Maj. .1. A. Cofl'ee surveyed the same in 1820. This second
enlargement is shown bv green lines. The reserve as thus enlarged was
ceded to the U. S.. Mav 9," 1832.

This was done in 1824 and again in 1820 by Executive order, as set forth above.

See 138 1
See 188 /

Jlichigau 1.

See 4
See 5
See 6

118

Ohio.

Florida.

See 173 Florida.

706

INDIAN LAND CESSIONS IX THE UNITED STATES

[ETH. AXN. 18

SCHEDXTLE OF I^DIA.:N"

Date

Where or how
concluded

licference ' Tribe

1823

Sept. 18

C a m p on
SI o u 1 1 r i e
creek i u
Florida
territory.

1824

May 26

Aup

Stat. L.,
vil, 224.

Florida tribes.

Act of Con-
gress.

Washington,
D. C.

Stat. L.,
ly, 57.

Stat. L.,
VII, 229.

Christian In-
dians.

Sauk and Fox.

Aug. 4

Washington ,
D. C.

Stat. L.,
VII, 231.

Nov. 1.5

Harrington's,
Arkansas
territory.

Stat. L.,
vn, 232.

Iowa

Quapaw

Desmption of cession or reseriation

It is agreed by tlie U. S. that the following reseryations shall
be saryeyed and marked for certain principal chiefs of the
Florida Indians, viz :

1. For the use of Nea Mathla and his connections, 2 miles

sijnare, embracing the Tuphuljja village on the waters
of Kocky Comfort creek.

2. For lihint and Tnski Hajo.a reservation commencing on

the Apalachioola, 1 mile below Tnski Hajo's improve-
iiieuts; running up said river 4 miles; thence W. 2
miles; thence southerly to a point 2 miles due W. of the
beginning; thence E. to the beginning point.

3. For Mulatto King and Emathlochee. a reservation com-

mencing on the Apalachicola at a point to include
Yellow Hair's improvements; thence u\< said river for
4 miles; thence W. 1 mile; thence southerly to a point
1 mile Vv. of the beginning, and thence E. to the begin-
ning point.

4. For Econchatimico, a reservation commencing on the

Chatahoochie, 1 mile below Ecouchatiuiico's house;
thence up said river for 4 miles; thence 1 mile W. ;
thence southerly to a point 1 mile W. of the begin-
ning; thence E. to the beginning point.

Whenever the Christian Indians shall notify the President of
the V, .S. that they wish to remove from their residence <m
the river Thames into the territory of the V. S., it shall be
lawful for the President to designate a reservation of not
less than 24,000 acres of land to be held in the usual manner
of holding Indian reservations so long as they live thereon.

The Sock and Fox tribes or nations cede and quitclaim to the
U. S all right to lands within the .State of Missouri situated
between the Slissis-sippi and Missouri rivers and a line run-
ning from the Missouri at the mouth of the Kansas river. N.
100 miles to the N\V. corner of the State of Missouri, and
from thence E. to the Mississippi.

It is understood, however, that the small tract of land lying
between the rivers Desmoin ami Mississippi, and the sec-
tion of the above line between the Mississippi and the Des-
moin, is intended for the use of the half-breeds belonging
to the Sock and Fox nations, they holding it, however, by
the same title and in the same manner that other Indian
titles are held.

The loway tribe or nation cede and quitclaim to the U. S. all
right to lands within the State of Missouri and situated be-
tween tlie Mississippi and Missouri rivers and a line running
from the Missouri, at the mouth or entrance of Kanzas river,
N. 100 miles, to the NW. corner of the .State of Missouri, and
from thence E. to the Mississippi; and said tribe do acknowl-
edge that the lands E. and S. of the above-dcscrilied lines
(which have been run and marked by Colonel Sullivan), so
far as the Indians claimed the same, belong to the 1^. S., and
that none of said tribe shall be permitted to settle or hunt
upon any part of it after Jan. 1, 1826, without j)ormission.

The Quapaw nation cede to the U. S. all claim to lands in the
Territory of Arkansas within the following boundaries, viz:
Heginuing at a point on the Arkansas river, opposite to the
Post of Arkansas, and running thence a due i>\V. course to
the Ouachita river: and thence up the same to tlie .Saline
fork; and up the Saline fork to a point from whence a due
KE. course will strike the Arkansas river at Little h'ock : and
thence down the right or S. bank of the Arkansas to the place
of beginning.

Tlic (Quapaw nation agree to be concentrated and confined to
the district of country inhabited by the Caddo Indians, and
to form a part of said tribe.

CESSIONS OF 1823-1824

707

L^^^D CESSIOoSrS-Contin^Ted.

IJisiorical (Jala uinJ niiiarks

Designation of cession on map

y umber

Location

The reserve for Xea Matlila and his band bas never beeu specifically ceded,
altlioiigh it may be construed to bf covered by the general cession made by
the Seminole treatv of May 9, 1832.

Ceded to the U. S. by treaty of Oct. 11, 1832.

Ceded to the U. S. by treaty of June 18, 1833, with the Appalachicola baud.

Ceded to the U. S. by tieaty of June 18, 1833, with certain chiefs in Florida.

The territory purporting to be herein ceded had already beeu covered by a
previous cession by the Osage, Nov. 10, 1808.

The territory purporting to be herein ceded had already been covered by a
previous cession by the Osage, Nov. 10, 181 '8.

119
See 176

See 184
See 185

> Florida.

See 69

Missouri 1.

120 Iowa 1.

See 69 Missouri 1.

This tract was reserved for the use of the Quapaw by treaty of Aug. 24, 1818. ..[ 121 Arkansas 1.

708

INDIAN LAND CESSIONS IX THE VNITED STATES (kihann. 18

SCHEDULE OE INDI^IsT

Date

Where or liow
. concluded

Ileference

1825
Jau. 20

Dencription of cession or rcserration

Feb. 12

Washington,
D. C.

Indian
Springs,
Georgia.

Stat. L., Choctaw
VII, 234.

Jnue 2

St Louis, Mis-
souri.

Stat. L.,
vil, 237.

June 3

St Louis, Mis-
souri.

Stat. L.,
VII, 240.

Stat. L.,
VII, 214.

Creek.

Great and Lit-
tle Osage.

Kansas.

Tlie Choctaw nation cede to the U. S. all that ])ortiou of the
laud ceiled to them by the second article of the treaty of
Doak's Stand, Oct. 18, 1820, lyiug E. of a line begiuning on
the Arkansas, 100 paces E. of Fort Smith, and running
thence due S. to Red river, it being understood that this
Hue sluiU constitute and remain the permanent boundary
between the U. S. and the Choetaws.

The Creek uatiou cede to the U.S. all lands lying within tbe^
boundaries of the Slate of Georgia, as deliued l)y the coui-
pact of Apr. 24, 1802, between the L'. S. and Georgia, now
occupied by said nation, or to which said nation claims title.

The Creek nation also cede to theU. S. all other hinds occupied
or claimed by them lyiug X. aud W. of a line to be run from
the first principal falls upon the Chatuuhooi hie river, above
Cowetau town, to Ockfuskee Old Towu upon the Tallapoosa,
thence to the falls of the Coosaw river at or near a jilace
called the- Hickory Ground.

It is further agreed that the U. S. will give in exchange for the
lands above ceded the like quantity, acre for acre, westward
of the Mississippi, on the Arkansas river, connneucing at the
mouth of the Canadian fork thereof and running westward
between said rivers Arkansas aud Canadian fork for quan-
tity.

The Creeks also relinquish all right to the two reservations
at Indian Springs and on the Ocmiilgee river, respectively,
granted to Gen. William Mcintosh by treaty of 1821.

The Great aud Little Osage tribes or nations cede to the I'. S.
all claim to lauds lying within the State of Missouri and the
Territory of Arkansas.

The Osages also cede all claim to lands lying W. of the State
of Missouri and Territory of Arkansas, X. aud W. of the Ked
river, .'^. of the Kansas river, and E. of a line to be drawu
from the head sources of the Kansas southwardly through
the Rock Saline, with such reservations as are hereinafter
specilied.

Within the limits of the foregoing cession there is reserved for
the Os.iges, .so long as they choose to occn]iy the same, the
following describeil tract of laud: lii^s'nning at a point due
E. of White Hair's village and 2.) miles \V. of the western
boundary liiui of the State of Missouri, fronting on a N. and
S. line so as to leave 10 miles JS. anil 40 miles .S. of the point
of said beginniug, and extending W. with the wiilth of .50
udles to the western bouudary of the lands hereby ceded
and reliuquished.

The Kauzas nation cede to the U. S. all lauds lying within the
State of Missouri to which said nation has title or claim.

The Kanzas nation also cede to the U. .S. all other lands claimed
by them lying W. of the State of Missouri and within the
following; bouiularies: Beginning at the entrance of the
Kan/as riverinto the Missouri; thence N. to the X\V. corner
of the ."^tate of Missouri; thence westwardly to the Xodewa
river. 30 miles from its entrance into the Missouri; thence
to the entrance of the Big Nemahaw river into the Missouri,
and with that river to its source ; theme to the source of the
Kansas river, leaving the old villane of the I'ania Kepublic
to the \V. ; thence on the ridge dividing the waters of the
Kanzas river from those of the Arkansas to the western
boundary of the State line of iMissouii, and wiih that line
30 miles to the place of beginning.

From tbe foregoing cession the Kauzas nation reserve the fol-
lowing tract : Beginning 20 leagues up the Kanzas river aud
to include their village on that river; I'xti-nding \V. 30 miles
in width through the lands ceded in the hrst article.

CESSIONS OF 1825

709

L^jNT) CESSIOISrS— Coiitiiixied.

Historical data und remarks

This constirutes the portion of the tract granted the Choctaw by the U. S. iu
1><1.'0, whifh lies withiu the limits of Arliansas.

This treaty was declared null and void by treaty of .Ian. 24, 1826.

This cession in terms includes the country E. of a line drawn from the sources
of Kansas river southward through the Rock Saline. The sources of the
Kansas were at that time very imperfectly known, and S. of the Arkansas
river the domain of the U. S. did not extend W. of 100-* W. longitude. The
western limit of the Osage country X. of the Arkansas is made to correspond
on the inaji with the eastern limit of tne Cheyenne and Arapaho as estab-
lished by the treaty of Fort Laramie in lx.51. S. of the Arkansas their west-
ern limit followed, as was subsequently determined by the U. S. authorities,
the supposed 100- of \V. longitude, thus leaving the Kock Saline a consid-
erable distance to the eastward of the western Osage limits. According to
the map and field notes of the survey of J. C. McCoy, the deposit of rocK
salt, known as ''Rock Saline," was ou the headwaters of .Salt creek, in what
is now T. 18 X., K. 12 W ., near the N. fork of Canadian river.

This reservation was relinquished and sold under provisions of the treaty of
Sept. 29, 18tio, and act of Congress of July 1.5. 1870.

From this cession 42 tracts each of 1 square mile were reserved for the use of
individual half breeds and .54 tracts of similar dimensions to be sold to raise
a fund to establish schools for Osage children.

This was an indefinite and undefined claim, which is specilically covered by
a previous Osage cession.

The description of the boundaries of this cession extends to the headwaters
of Kansas river, leaving the village of the "Pawnee republic," however, to
the W. The sources of the Kansas were at this time very imperfectly known,
and from collateral facts it is evident that tlio headwaters of Solomon fork
were referred to. The country farther up the Republican fork to the borders
of the Arapaho and Cheyenne was un(|Ucstiniiably claimed and coutrolled
by the I'awnee. The boundaries ot that portion of tins cession lying within
the limits of Missouri are indicated by a dotted line and overlap the cession
of July 15, 1820, by the Sauk and Fox and others.

This reserve was ceded to the U. S. bv treatv of Jan. 14, 1846.

Desitjnalion of cesftion on map

H'amber

Location

122 Arkansas 2.

123

Arkansas 1, Missouri
1, Kansas 1, Indian
Territory 1.

See 475

Kansas 1.

124

Missouri 1, Kansas 1,
Nebraska.

710

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF II^DI^^

Bate

Where or how
concluded

lieference

1825
Aug. 19 Prairii' dii
I C U i e u ,
' JI i cli i g a u
territory.

Tribe

Stat. L., I
VII, 272

Description o/cesnioii ur reservation

Chippewa, It is agreed between tlie confederated tribes of Sacs and Foxes
Sauk and and the ."^inus tliat the lino between their respective cmin-
Fox, Me- : tries shall lie as follows: Commencing at the mouth of the
nomini, ; ri)per loway river on the W. bank of the Mississippi and
Iowa, Sioux, ascending the said loway river to its left fork; thence up
■Winnebago, that fork to its source; thence crossing the fork of IJed
and a por- , Cedar river in a direct line to the second or upper fork <if
tion of the the Desmoines river; and thence in a direct line to the lower
Ottawa, I I'ork of the Calumet river, and down that river to its juuc-
Chippewa, i tion with the Jlissouri river. ]!ut the Yanctou band of
and Pota- Sioux being ijrincipally interested in the establishment of
watomi Uv- ' the line from, the forks of the Desmoines to the Missouri,
ing on the i and not being sufficiently represented to render the defini-
Xllinois. I five establishment of that line proper, it is expressly de-

clared that the line from the forks of the Ilesmoini-s to the
forks of the Calumet river and down that river to the Mis-
souri is not to be considered as settled until the assent of
the Yanctou band shall be given thereto; and if the said
band shcnild refuse their assent, the arrangement of that
portion of the boundary shall lie void.
The Sacs and Foxes reliu(|ui^h to the other tribes interested
therein all claim to land on the E. side of the Mississippi
river. *

The loways agree to the arrangement between the Sacs and
Foxes and the Sioux, but it is agreed between the loways
and the Sacs andFoxes that the loways have ajust claim to
a portion of the country between the boundary lino above
described and the Jlissouri and Mississippi rivers, and that
the said loways and Sa( s and Foxes shall peaceably occujiy
the same until some satisfactory arrangement can be made
between them for a division of their respective claims to
the country.
Thi' Ottoes not being represented at this council, it is agreed
that their claim to territory shall not be affected by any-
thing herein.
It is agreed between the Sioux and the Chippewas that the
line dividing their resjiective countries shall commence at
the Chippewa river, half a day's march below the falls; and
from thence it shall inn to Ked Cedar river, immediately be-
low the falls; from theme to the St Croix river, which it
strikes at a jilace called the Standing Cedar, about a day's
paddle in a canoe above the lake at the mouth of that river;
thence passing between two lakes, called by the Chippewas
" Green lakes" and by the Sioux "The lakes they bury the
eagles in," and from thence to the standing cedar that the
Sioux split; thence to Kum river, crossing it at the mouth
of a small creek called Choaking cxek, a long day's march
from the ilississippi; thenci' to a point of woods that pro-
jects into the prairie, half ii day's march from the Jlissis-
sippi; thence in a straight line to the month of the first
river which enters the Mississijipi on its W. side above the
mouth of Sac river; thence ascinding the said river (above
the mouth of Sac river) to a small lake at its source; thence
in a direct liue to a lake at lue head of I'rairie river, which
is sujiposcd to enter the Crow Wing river on its S. side;
thence to Otter Tail lake portage; thence to said Otter Tail
lake and down through the middle thereof to its outlet;
thence in a direct line .so as to strike Buffalo river halfway
from its source to its mouth and down the said river to Eed
river; thence descending Red river to the mouth of Outard
or Coose creek. The eastern boundary of the .Sioux com-
mences opposite the mouth of loway river on the Mississip]>i,
runs back 2 or 3 miles to the bluffs, follows the blufl's, cross-
ing Bad Axe river to the mouth of lilack river, and from
Black river to a half day's march below the falls of Chip-
pewa river.
It is also agreed between the Chippewas and Winnebagoes, so
far as they are mutually iuterestc<l therein, that the southern
boundary liue of the Chippewa country shall commence on
the Chii)pewa river aforesaid, half a day's march below the

CESi^IONS OF 1825

711

L^Y:sri3 CESSIONS— Continiied.

Designation of cession on map

Historical dutit ttinl reiiiarl:^

Xniitlier

Location

Their rlaiiii in this directiciu liad already becu ri'limniishid liy ti'i-aty of Nov. 3,
1801.

That portion of this boundary between the Sioux and Chippewa extending
I'roni (_'hip])e\va ii\ er to Otter Tail lake was surveyed in l.Ki5 by S. ]>. Bean.
From ( >lter Tail lake the line ran S. 4^ 43' E. M>i uiiles; S. 12- 30' F. 62 miles
to head of Wahtab river; down that river to its month : thence S. 72"^ 15' E.
25i miles; thence N. 88^ E. 21 miles to Rnm river; thence S. 25° 24' E. 7f
miles; thence S. fi7- E. 13 miles to (ireen lakes; thence .s. <i3^ E. 11 miles to
8t Croix river; thence S. 66 36' E.47 miles to Fed Cedar river; thence S. 59°
E.20 miles to Chippewa river. In this survey, however, the head of Wah-
tab river was assumed to be a small lake in the N. ¥.. corner of T. 124 X., R.'
30 W., which is in reality the head of a tributary of that stream, the actual
main source of the river being a number of miles to the SW.

IS ETH, VT 1'-

-13

712

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF INDI^Isr

1825

Aug. 19

Prairie ilii
Cbieu, Micb-

igau tiTii-
torv.

Stat. L,
vn. liT

Chippewa,
Sauk and
Fox, Me-
n m i ni ,
Iowa, Sioux,
Winnebago,
and a por-
tion of the
Ottawa,
Chippewa,
and Pota-
watomi liv-
ing on the
Illinois.

tails of that river, ami run thence to thi» source of Clear
Water river, a brauch of the Chippewa; tlieuce S. to Black
river; thence to a point Avhere the woods project into the
meadows, and thence to thi' Plover portage of the Onisconsin.

It is agreed between the Winiiebagoes and the Sioux, .'>acs
and Foxes, Chippewas and Ottawas, Chippewas and I'ota-
watoTuies of the Illinois, that the AViiinebago country shall
be bounded as follows: Southeasterly by Kock river from its
source near the Winnebago lake to the Winneliago village,
about 40 miles aliove its mouth; westerly l)y the E. line of
the tract lying upon the Missivsippi herein secured to the
Ottawa, Chijipewa, and Potawat(uide Indians of the Illinois;
and also by the high blutf descrilied in tlie Sioux boundary
and running N. to lilack river. From this point the Winne-
bagoes claim up Black river to a point due W. from the
source of the left fork of the Onisionsin; thence to the
source of the said fork and down the same to the Ouision-
siu; thence down the Ouisconsiu to the portage and across
tlie ]>ortage to Fox river; thence down Fox river to the Win-
nebago lake and to the Grand Kan Kaulin, including in their
claim the whole of Winnebago lake; but, for the causes
stated below, the line from Black river must for the present
be left indeterminate.

The representatives of the Menominies not being sutficiently
acquainted witli their iiroper boundaries to settle the same
detiuitely, and some uncertainty existing in conse(iuence of
the cession made by that tril)e upon Fox river and (Jreen
I3ay to the New York Indians, it is agreed between the Meno
minie tribe and the .'<ioux, Chippewas, Winiiebagoes, ( )tta-
wa, Cliippcwa, and Potawatoniic Indians of the Illinois,
that the claim of the Jlemnuinies to any portion of the laud
within the boundaries allotted to either of the said tribes
shall not be barred by any stipulation herein. It is, how-
ever, understood that the general cjaioi of the Menomiuies
is bounded ou the N. by the Chippewa country, on tlie K. liy
Green Bay and Lake Michigan, extending as far S. asMilla-
waukee river, and ou the W. they claim to Black river.

The country secured to the Ottawa, Chippewa, and Potawa-
toiuie tribes of the Illinois is bounded as follows : Beginning
at the Winnebago village ou Rock river, 10 miles from its
month, and running thence down the Kock river to a line
which runs from Lake Michigan to the Mississijipi and with
that line to the Mississippi opposite to Kock Island; thcnci^
up that river to the U. S. reservation at the moiitli of the
(Juisconsin; thence with the S.and E. hues of the said reser-
vation to the (.)ui8consin ; thence southerly )iassiug the heads
of the small streams emiityiug into the Mississippi, to the
Kock river at the Winnebago village. The Illinois Indians
have also a just claim to a portion of the country bounded
b. by the Indian boundary line aforesaid, running from the
southern extreme of Lake Michigan, E. liy Lake .Michigan,
N. by the Menominie country, and NW. by Kock river. This
claim is recognized in the treaty with said Illinois tribes at
St Louis, Aug. 24, 181(), but as the Millawaukee and Mane-
toowalk bands are not reiircsented at this couucil it can not
lie now delinitely adjusted

The reservations at Fever river, at the Onisconsin, and St
Peters, ami the ancient settlements at Prairie des Chiens and
Green Bay, and the land properly thereto belonging, ami the
reservations made upon the Mississippi for the use of the
half-lireeds in the treaty concluded with the Sacs and Foxes,
Aug. L'4, \K2i, are not claimed by either yf the said tribes.

The I!. S. agree whenever the President may thllll^ proper, to
convene sii(di of the tribes as are interested in tlie liues left
unsettled herein and to reconnnend to them an amicable and
final adjustment of thi'irrespective claims. It is agreed, how-
ever, that a council shall be hebl with the Vancton band of
the Sioiix during the year 182t> to explain to them the stipu-
lations of this treaty and to procure their assent thereto,
ami al8i> with the (Ittoes, to settle and adjust their title to
any of the country claimed by the Sacs, Foxes, and loways.

ROVLE)

CESSIONS OF 1825

713 \

L^N"!) CESSIO:N"S-Coiitiiined.

Hislurical data ami rentdrks

Designation of cession on map

y umber

Location

714

INDIAN LAND CESSIONS IN THE UNITED STATES

(ETH. ANN. 18

SCHEDULE OF INDI^IST

Bate

TJ'hrre or liotr
concluded

No\

1825

St Louis, Mis-
souri.

1826

.Ian. L'4

Wasbingtou
D. C.

Aus

Fond tin Lac
of Lake Su-
lierior.

Urfcrence

Stat. L.,
VII, 284.

Stat. L.,
VII, 286.

Stat.
VII,

Tribe

Shawnee na-
tion resid-
ing in Mis-
souri.

Creek .

L.,
290.

Chippewa .

Description of cession or resernilion

Tlie Sliawnee tribe cede to the U. S. all olaiui to the lands ou
wliich they .settled near Cape Grredeau under an authorit.v
ot tlie 8)iauisli Government, situate, lyinj;, and being- be-
tsvei'U tlie river St Come and Cape (Jeredeau and bounded ou
the K. by the Mississippi and westwardly bv the White
Water.

In consideration of the foregoing cession the U. S. agree to give
to the Shawanee tribe within the State of Missouri, for them-
selves and such of tbesamonation as may emigrate fioii: ( ihio,
a tract of land eiiual to !")0 miles sijuarc, situated \V. of the
Static of Missouri and within tlie purchase made from the
Osages by treaty of June 2, 1825, bounded as follows: Com-
mencing at a point 2 milesXW.of the SW. corner of Missouri ;
thenco N. 25 miles; thence W. 100 miles; tbcnco S. 25 miles;
thence E. 100 miles to the place of beginning.

The treat.v concluded at Indian Springs, Feb. 12, 1825, between '
the Creek nation and the U. S., and ratilied ou Mar. 7, 1825,
is declared null and void. i

The Creek nation cede to the U. S, —

1. All the laud lielonging to said nation in the state of

Georgia and lying on the E. side of the middle of Chat-
ahoocliie river.

2. The general boundaries of the foregoing cession also in-

clude the tract reserved at Oakchoncoolgau creek by
treaty of 1805,

3. Also tract reserved at Indian Springs by treaty of 1821.. i

4. Also tract reserved at Gen. Mcintosh's by treaty of 1821 .

5. Also tract reserved for Creek agency by treaty of 1821..
(). 'I^e Creeks also cede a tract lying within the state of

Georgia and bounded as follows: Beginning at a jioint
on the western bank of Cbatahoocbie river, 47 miles
below the point where the boundary line between the
Creeks and Cherokees strikes the Chatahoochie river
near the liiizzard's Hoost, measuring the said distance
in adirect liueand uotfollowing the meanders of said
river; and from the pointof beginning iiinning in a
direct lino to a point in tlie boundary line between
the said Creeks and the Cherokees .'iO miles W. of the
said Buzzar<rs IJoost; thence to the Unzzard's Koost,
and thence with the middle of said river to the place
of beginning.

That ]iortion of the Creek nation known as the friends and fol-
lowers of the late Gen, AVilliam Mcintosh h.iving intimated
to the U. S. their desire to remove W. of the Mississijipi, it
is agreed with their assent tha't a deputation of live persons
shall be sent by them to e.xamiiie the Indian country W. of
the Mississippi not within either of the states or territories
and not possessed by tlie Choctaws or Cherokees. And the
II. 8. agree to purchase for tliem, if the same can be dmio
upon reasonalile terms, wherever they may select, a country
whose extent shall in the opinion of the President be jiropor-
tioned to their numbers.

The Chippewa tribe fully assent to the treaty of Aug. 19, 1825,
at I'rairie dii Chieii,

It is agreed that a deputation shall be sent by the Chippewas
to the treaty to be held in IXL'7 at Green Hay, with full power
toarrangeand fix tlie lionndary line lietwcen the Chippewas
and the Winnebagoes and ^lenomonees, which was left iu-
ciunplete liy the treaty of I'rairie dii Chicn in conse<iuence
of the iion.ttteiidance of the principal Meuomoneo chiefs.

CESSIONS OF 1X25-1826

715

LJ^^D CESSIOlSrS-Coiatinned.

Ilistorictil (lattt (did remarks

This tract came originally into the possession of the Shawnee and Delawares
underaperniit from the Sjiauish government signed by Baron De Carondelet,
nuderdateof Jan. 4, 17'JS, and recorded in the office of the recorderof laud
titles at St Louis. The tract was abandoned by the Delawares in 1815, and
the Shawnee removed from it under assurances of receiving another tract in
exchange. It was not until this treaty that these assurances took formal
shape aud the Shawnee ceded this tract for another. In the meantime a
portion of the Shawnee had been living on a tract informally assigned them
iu southwestern Missouri. This latter tract is colored scarlet and was on
the head waters of White river.

As this tract was not acceptable to the Shawnee, a tract on Kansas river was
selected, under article 3 of this treaty, as follows: Beginning at a point iu
the western boundary of the State of Jlissouri, three miles south of where
said boundary crosses the mouth of Kansas river: thence coutinuing S. on
said boundary 2.5 miles; thence due W. 125 miles; thence due N. until said
line shall intersect the southern boundary of the Kansas reservation; thence
dne E. coinciding with the southern bouudary of said reservation to the ter-
mination thereof; tbeuco due N. coinciding with the eastern boundary of
said reservation to the southern shore of the Kansas river; thence along said
southern shore of said river to where a line from the jilace of beginning drawn
due W. shall intersect the same.

This action was based on a protest by a great majority of the chiefs and
headmen of the t'reek nation against the validity of the treaty of 1825, it
being alleged that those who entered into aud signed it on behalf of the
Creeks did so without jiroper warrant or authority.

Attempts to ascertain the boundaries of this tract have been unsuccessful.

A supplemental article was adilcd to this treaty on Mar. 31, 1826, wherein
the foregoing boundaries were considerably enlarged, as follows: In place of
"47 miles" as stipulated in treaty of Jan. 24. 182(1, it is agreed that the point
of begiuniug shall be 50 miles iu a direct line below the t'reek and Cherokee
boundary on Chattahoochie river; thence running in a direct line to a point
in the liouudary line Ijetween the Creeks and the Cherokee 45 miles W. of Buz-
zard's Roost iu place of SOmiles, as stipulated in said treaty ; thence to Buz-
zard's Roost, and thence to the beginning, it being understood that these lines
are to stop at their intersection with the boundary line between (Georgia and
Alabanui wherever that may be, if that line shall cross them in the direction
of the Buzzard's Roost at a shorter distance than it is jirovided they shall
run; aud provided also that if the said dividing line between Georgi.a and
Alabama shall not lie reaihed by the extension of the two lines aforesaid, the
one 3 aud the other 15 miles, they are to run and terminate as detined iu this
supplemental article. The boundaries shown on the map are those of the
cession as herein amended.

By the treaty of Feb, 14, 1833, a tract of country was assigned the Creeks iu lieu
of the one herein promised.

Designation of cession on mai>

Number

125, 126

Location

Jlissonri 2.

Sec 318, 319.
320

Kansas 2.

127

128

129

130
131

(borgia.

716

INDIAN LAND CESSIONS IN THE UNITED STATES

|ETH. ANN. 18

SCHEDULE OF IIS DI^IN^

JJaic

1S26
Oct. 16

Where or liotr
coiicJiided

Reference

Tribe

Near mouth
of Mississi-
uen:i river,
on tile Wa-
bash.

Stat. L.,
VII, 295.

Potawatomi . .

Jtescriptioii of cession or reserralion

Oct. 23

Near moutli
of Mississi-
iiewa river,
on tlie Wa-
bash.

Stat. L.,
VII, 300.

1827
Aug. 11

Butte (1 e 8
M o r 1 8, on
Fox river
in M i c h i -
gau t e r r i -
tory.

Stat.

VII,

L.,
303.

Miami.

The Potawatamie tribe cede to the U. S. their right to the land
within the folU>wiii<;- limits:

1. Ijegiuning on the Tippecanoe river where the northern

boiiuilary of the tract ceded by the Pomwatamies
to the I'. S. by the treaty of St Mary's in 1818 inter-
sects the same; thence in a direct lin(^ to a point on
Eel river halfway between the mouth of said river
and Pierish's village; thence up Eel river to Seek's
village near the head thereof; thence in a direct line
to the mouth of a creek emptying into the St Joseph's
of the Jliami near Metea's village; thence up the St i
Josejih's to the boundary line between the States of
Indiana and Ohio ; thence S. to the Jliami ; thence up
the same to the reservation at Fort Wayne; thence I
with the lines of the said reservation to the bound-
ary established by the treaty with the Mianiies in
181>>; thence with the said Hue to the Wabash river; i
thence with the 6>ame river to the mouth of the Tip-
pecanoe river; and thence with the said Tippecanoe
river to the place of beginning.

2. Beginning at a point upon Lake Michigan 10 miles due

N. of the southern extreme thereof; running thence
due E. to the land ceded by the Indians to the l'. S.
by the treaty of Chicago [Aug. 2SI. 1821]; thence .S.
with the boundary thereof, 10 miles; thence W. to the
southern extreme of l^ake Michigan; thence with the
shore thereof to the place of beginning.

3. A strip of land commencing at Lake Michigan and run-

ning thence to the Wabash river 100 feet wide for a
road, and also one section of good land contiguous to
the said road for each mile of the same and also for
each mile of a road from the termination thereof,
through Indianapolis, to the Ohio river, ior the (mr-
pose of making a road aforesaid from Lake Michigan
by the way of Indianapolis to some convenient point
on the Ohio river.

The Miami tribe cede to the U. S. all their claim to land in the
State of Indiana N. and W. of the Wabash and Miami rivers
and of the cession made by said tribe to the \\. S. b_v the
treaty concluded at St Mary's < !)ct. 6, 1818.

From tile foregoing cession the following reservations are made
for the use of the tribe:

1. Fourteeu sections of land at Seek's village

2. Five sections for the Beaver below and adjoining the

preceding reservation.

3. Thirty-six sections at Flat Belly's village

4. Five sections for Little Charley, above the old village on

the N. side of Eel river.

5. One section for Laventnre's daughter, opposite the is-

lands, about 1.5 miles below Fort Wayne.

6. One section for Chapine, above and ailjoining Seek's

village.

7. Ten sections at the White Racoon's village

Ten sections at the mouth of Mud creek on Eel river at

the olil village.
Ten sections at the forks of the Wabash

8.

Chippewa,
Menomini,
and Winiie-

10. One reservation, commencing 21 miles below the mouth
of the Mississini-wa and running up the Wabash 5
miles with the bank thereof and from these points
running due N. to Eel river.

The southern boundary of the Chippeway couutry eastwardly
from the Plover portage of the Ouiscoiisin having been left
Miidetined by the treaty of Aug. 19, 1825, it is liow agreed
between the Chippeways, Menonnmies, ami Wini'bagoes,
that the southern boundary of the Chippeway country shall
run as follows, namely: From the Plover ])ortageiif tht^ Ouis-
consin on a northeasterly course to a point on Wolf river

ROYCEJ

CESSIONS OF 1826-1827

717

LJ!lND CESSIOI«^S-Coiitinued.

From the lands I'eiled by tiie treaty tlie U. S. grant 46J- sections of land for the
use of individuals.

Iniliana.

This was an indefinite claim, and ia more 9i)e('iflca11y covered by cession of
Oct. 16, 1826 (tirst clause;, by the Potawatoiui.

Ceded to the V. S. by treaty of Nov. 6, 18:?8

This was an individual reserve and its boundaries are therefore not shown.
The treafv of Nov. 6, 1838, provided for the issue of a patent to Beaver.

Ceded to the U. S by treaty of Oct. 23, 1834

This was an individual reserve aud its boundaries are therefore not shown.

This was an individual reserve and its boundaries are therefore uot shown.

was in T. 31 N., K. 14 E.
This was au individual reserve and its boundaries are therefore not shown.

It

Ceded to the U. S. by treaty of Oct. 23. 1S34
Ceded to the U. S. by treaty of Oct. 23, 1834

This reserve was granted to .1. B. Richardvilh- by treatv of ( )ct. 23. 1834. It

was in T. 28 N.. K. 8 aud 9 E.

Ceded to the U.S. by treaty of Oct. 23. 1834

19| sections of land were granted by the U. S. from the ceded country for the

use of individuals.

See 255
See 192

See 194
See 195

See 199

See 193

Indiana (detail).

718

INDIAN LAND CESSIONS IN THE UNITED STATES

SCHEDULE OF I^ DI^:N^

Butte d e s
Morts, o u
Fox river
in Michi-
gan terri-
tory.

Seiit. 1!)

Chippewa,
Menomini,
and Winne-
bago.

JJi'scrijilioii of cessioji or rcfit'rratioii

St Joseph, Stat. L., Potawatomi
Michigan : vii,305.
territory.

I'linidistaiit from the AsUawano and I'cist lakes of said fiver;
tljence to the tails of Pashaytig river of Ureen bay; thence
to the junction of the Xeesan Kootag or Burnt-wood river
witli the ilenouionie; thence to the big island of the Shoski-
uaubic or Smooth-rock river; thence following the <-hannel
of said river to Green bay, which it strikes between the little
and great Bay de Xo(|uet.

It is agreeil between the Menoniouies and Winebagoes that so
far as regards their interests the whole matter in dispnte
concerning the boundaries of the tract purchased by the
New York Indians shall be referred to the President of the
U. S. for linal decision. And the President is authorized, on
the part of the lirst-nauied tribes, to establish such bound-
aries between them and the New York Indians as he may
consider ecjuitable and just.

It is agreed between the Meuomonees and the U. S. that the
boundaries of the tracts formerly claimed by the French and
British governments, the title to which is now vested in the
U. S., shall be as follows: Beginning (jn the shore of Green
b.ay, 6 miles due X. from the ]iarallel of the mouth of Fox
river, and running thence in a straight line, but with the
general course of said river, and (i miles therelrom, to the
intersection of the continuation of the westerly boundary of
the tract at the (irand Kaukanlin claimed by Augustin tirig-
nion; thence on a line with the said boundary to the same;
thence with the same to Fox river; thence on tlie same course
miles ; thence in a. direct lino to the southwestern boundary
of the tract marked on the plan of the claims at Green bay
as the settlement at the bottom of the bay; thence with the
southerly boundary of the said tract to the southeasterly
corner thereof; and thence with the easterly boundary of
the said tract to (ireen bay, provided that if the President
of the t'. S. shall be of opinion that the boundaries thus
establisheil intcrl'ere with any just claims of the New York
Indians the President may then chalige the said boundaries
in any manner he may think proper, so that the quantity of
land contained in said tract be not greater tlian by the
bimndaries herein deiined.

In order to consolidate some of the dispersed banils of the
Pottawatamie tribe in the Territory of Jlichigan at a point
removed from the road leading from Detroit to Chicago and
as far as iiracticalile from the settlements of the whites, it
is agreed that the following tracts of land heretofore reserved
for the use of saiil tribe shall be ceded to the U. S., viz. ;
1. 'I wo sections on the river Kouge at Segiusairu's village. .

'J. Two sections at Tongflish's village near the river Kouge. .

3, That part of the reservation at Macon on the river

Raisin, which yet belongs to the said tribe, contain-
ing 6 sections, excepting therefrom one-half section
where the Pottawatamie Chief Jloran resides, which
shall be reserved for his use.

4. A tract at Mang-ach-qna village on the river Peblo, of

(! miles square.
."). A tract at Mickesawbe of G miles square

6. A tract at tlie village of Prairie Ronde of 3 miles sc|uare-.

7. A tract at the village of Match-e-be-nash-she-wish at

the head of the Kekalaniazoo river of 3 miles sijuare.

In consideration of the foregoing cessions the II. S. agree to

reserve for the use of said tribe a tract containing 99 sections,

as follows:

Sections 5, (3, 7. and .s in T. 5 S., R. 9 W., in tlic territory of

Michigan.
All of 'I'. 5 S., li. 10 W., not already included in the Not-

tawa Sape reservation.
Sections 1, 2, 11, V2. 13, U, 23. 24. -'.5, 1'O, 3,j, and ::(! in T. ."> S.,
R. 11 W.

All of T. 4 S., K. !» W

Se<-tions 8, 17, IX, l!t, 20, 29, 30, 31, and 32 in T. 4 S., i;. 9 W.
Sections 1, 2, U, 12, 13, 14, 23, 24, 25, 20, 3.5, and 36 in T. 4 S.,
K. 11 \V.

KOYCEJ

CESSIONS OF 1S27

7iy

L^:N"D CESSIOISrS-ContinxTed.

Ifislorical ihttit 4iitd renttirks

This \v;is accumplisbed I)V tlii' MenunKnii treaty nl' 1\'1).?>, 1831, as uioiUt'ied by
treaty of Get. 27, 1832. "

Tbo boundaries were modilicd by tbe President in imrsuanee of authority
granted by thistreatv.

Deaignation of cession on map

\umber

The Cbijipewa of Saginaw, liy treaty of ,lan. 11, 1837, ceded any claim they
I were sii|i|iii8ed to have in this reserve.
The fbipjiewa of Saginaw, by treaty of Jan. 14, 1837, ceded any claim tliey
were snpiiosed to have in thi.s reserve.

Locailon

134 ' Wisconsin 1.

13.5 -1
130
137 J

Michigan (Saginaw
bay to Lake Erie).

138 1

139 Michigan 1.

140 J

Ceded to the 1'. S. by treaty of Sejit. 27, 1833 See 189. Michigan 2.

This is given as li. i) W. in llie pulilished treaty, but it shonld be lU W.

720

INDIAN LAND CESSIONS IN THE UNITED STATES

[ET}I. ANN. 18

SCHlilDXJLE OF INDIAN

Dale

1827
Nov. 15

1828
Feb. 11

May

Tl'liere or lion-
con il ml eil

CreekagencvJ Stat. L., Creek
■ ; VII. 307.

Wyandot vil-
I.i,i;e, near
thcWaUasli
in Indiana.

\Va.sliin!
D. C. '

ton.

.Stat. L.,
VII, 309.

Stat. L.,
VII, 311.

Jjf8rriptio» of ctS'-iion or rcHcrrolioH

Eel river or
T h orutown
party of
Miami In-
dians.

Cherokee na-
tion west of
Ilississippi
river.

The lioiiiidarieB of the cession of .Jan. 24, 1826, not havinj; com-
prised, as was expected, all the Creek lands w itliin the limits
of (ieorgia, the Creek nation now therel'ore cedes to the I'. S.
all the remaining land owned or clainicd by the Creek nation
not previously ceded, which on actnal survey may be found
to lie within the chartered limits of Georgia,

The Eel river or Thorntowu party of Miami Indians cede to
the U. S. all claim to a reservation of land about 10 miles
square at their village on Sugar Tree creek in Indiana,
reserved to them by article 2, of the treaty of Oct. 6, 1818,

The western boundary of Arkansas shall be, and is hereby
defined, viz.: A line shall be run commencing on Hed river
at the jioint where the eastern Choctaw line strikes said
river and run due X. with said line to the river Arkansas,
thence in a direct line to the S\V, corner of Missouri.

The r. S. agree to jiossess the Cberokces and to guarantee it
to them forever, and that guarantee is hereby solemnly
pledged, of 7,000,000 acres of land to be bounded as fidlows,
viz. : Commencing at that point on Ark.msas river where the
eastern Choctaw boundary line strikes Siiid river.. nud running
thence with the western line of Arkansas, as ilelined in the
foregoing article, to the SW. corner of Jlissouri, and thence
witii the western boundary line of Missouri till it crosses
the waters of Neasho, generally called Grand river; tlience
due W. to a point from which a due S. course will strike the
])resent N\V. corner of Arkansas territory ; thence continuing
due S. on and with the present western boundary line of the
territory to the main branch of Arkansas river; thence down
said river to its .junction with the Canadian river, and thence
up and between the said rivers Arkansas and Canadian to
a i)oint at which a liui- running N. and S. from river to river
will give the aforesaid 7,000,000 acres.

In ad<litioii to the 7,000,000 acres provided for as above, the
U. S. further guarantee to the Cherokee nation a iierpetnal
outlet \V., and a I'ree and unmolested use of all the country
lying W. of the western boundary of the above described
limits iind as far W. as the sovereignty of the U. S. and their
right of soil extend.

It is agreed that the property and improvements connected
with the Cherokee agency shall be sold under tlic direction
of the agent and the proceeds applied to aid in the erection
in the new country of the Cherokees of a grist and sawmill
for their use. Said property and improvements are thus
defineil: Commence at the Arkans.as river opposite William
Stinnett's and run due N. 1 mile, thence due E. to a jxiint
from which a due S. line to the Arkansas river would include
the Chalybeate or Mineral Spring attache<l to or near the
jiresent residence of the agent, and thence up the Arkansas
river to the beginning.

The Cherokees aforesaid agree to give up and surrender to the
V. S., and to remove within 14 mouths thcrctrom, all the
lands to which they are entitled in Arkansas and whiidi were
secured to them by the treaty of .Ian. 8, 1817, auil the con-
vention of Feb. 27,' 1819.

It is agreed th.it a tract of laiul 2 miles wide and (i miles long
shall be reserved for the use of the V. S. for the accommoda-
tion of the military force which is or nuiy be stationed at
Kurt (iib.sou on the Neasho or Grand river, to commence on
said river one half mile below said fort auil inn tlience due
i;. 2 miles; thence northwardly (i miles to a point which shall
be 2 miles distant from the river aforesaid; tllencl^ due \V.
to said river, and down it to the place of beginning, and the
U. S. shall have a free right of way for a road to and from
said fort.

ROVCE]

CESSIONS OF, 1827-1828

721

S^D CESSIOlSrS-Continued.

Designation of cession on map

Historical data and rrmarlt

Xumher

This is the pieseut W. lioniKhny of Arkansas. It was surveyed liy Joseph
H. Biearlv iu the iail of 1.S28. Tlic ])lat ami fiilil uotes were tihil iu the
Office of Indian Affairs with his letter of Dec. 2, 1828.

This tract when examined was found to imlnde the tract selecteil hy the
Creeks under treaty of Jan. 24, \X2{\. and the boundaries were therefore
changed by treaty of 1833, so as to exclude the Creek tract.

This "outlet" extended to the one hundredth meridian of \V. longituile, that
biiii^ tbi' then W. bonndary ot the l'. S. iu that locality.

The Senate in jiassinj; upon the provisions of this treaty amended this article
8o as to )>rovi<le that the northern boundary of such "western outlet" should
not extend X. of 36 , should not include any lands assifjned or to be assigned
to the Creeks, and should not be construed to include any lauds previously
ceded or assigned to any other tribe by treaty provisions yet in force.

In lieu of a grist an<l saw mill the V . S. furnished to the Cherokee corn mills
to the full valne of this reserve-. I'pou a 8ubsei|uent claim of title to this
reserve by the Cherokee, it was decided to belong to the I'. S., and to be a
portion of the puldic lauds. It contained 3,246.5 acres.

The E. line <if this tract ran from Point Kemove on the Arkansas N. 53° E. 71
miles and 55 chains to .Shields Ferry on White river, and was surveyed by
General Kector iu 1818-19. The \V. lini' of this tract began on Arkausas
river at Table Kock Bluff; ran N. 1 mile and 70 chains; thence N. 53^ E.
132 miles and 31 chains to White river opposite the mouth of Little Korth
Fork. It was surveyed in Jan. and Feb.. 1825.

This resiTve was subseiiuently abandoned by the 1". S. and reverted to the
Cherokee nation, who divided it into towu lots and sold it. During the
civil war it was reoccnpied and garrisoned by the l'. S. troops aud is yet
so occupied.

Location

141 Georgia.

142

ludiaua.

143

144

Arkansas 2.

Inilian Territory 3.

722

INDIAX LAND CESSIONS. IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF INDI^^s^

Date

J]'here or liow
Luncliitled

1828

Green Hay,
Mich i gau
territory.

Stat. L.,
VII 315,

Win n e b a g
and united
tribes of
Potawato-
mi, Chip-
pewa, and
Ottawa.

Sept. 20

Missi onary
establish-
ments upon
the St Jo-
s e p h of
LakeMich-
i g a n , in
Mich i gau
territory.

Stat. I..,

VII, sn

Potawatomi .

1829
July L'i

I'raiiie dii
Chieu, Jlicli-
igan terri-
tory.

Stat.

I..,

320.

Chi ppewa,
Ottawa, and
Potawato-
mi natons
of the wa-
ters of the
Illinois,
Milwaukee ,
and Hani-
towoo liv-
ers.

DiscriplioH of ctsniuu or reservation

It is aijreetl that the followinj;- shall be the provisional bouudary
between the lauds of the U. S. and those of the toregoiuj!:
tribes: The Ouiscousiu river from its mouth to its nearest
a|)proach to the Blue Mounds: thence southerly, passing E.
of the said mounds to the head of that branch of the Poca-
tolaka creek which runs near the Spotted Arm's village;
thence with the said branch to the main forks of I'ocatolaka
creek; thence southeasterly to the ridge dividing the Wine-
bago country from that of the Fotawatamie, Chippewa, and
Ottawa tribes; thence southerly with the said ridge to the
line running from Chicago to the Mississippi, near Rock
Island. Ami it is filly understood that the V. S. may freely
occupy the country between these boundaries and the
Mi.ssi.ssippi river until a treaty shall be held with the Indians
lor its cession.

It is further agreed that a ferry nuay be established over the
Rock river where the Fort Clark rond crosses the same, and
also a ferry over the same river at the crossing of the Lewis-
ton road.

The Fotawatamie tribe of Indians cede to the U. S. the tracts
of land included within the following boundaries:

1. Beginning at the month of the St .Joseph of LakeMichi-

gau. and thence running up the said river to a i>oint
on the said river half-way between La-vache-qui-pisse
and JIacousin village; thence in a direct line to the
nineteenth-mile tree on the northern boundary line of
the State of Indiana; tlienee with the same west to
Lake Miehijran ; and thence with the shore of the said
lake to the )>laee of beginning.

2. Beginning at a jioint on the line run in 1817 due E. from

the southern extreme of Lake Michigan, which point
is due S. from the head of the most easterly branch
of the Kaukekee river, and from that point running
S. 10 miles; thence in a direct line to the NE. corner
of Ilatbelly's reservation; thence to the N\V. corner
of the reservation at Seek's village; thence with the
lines of the said reservation and of former cessions
to the line between the States of Indiana and Ohio;
theme with the same to the formei' descrihed line,
running due E. from the southern extreme of Lake
Michigan, and thence with said line to the place of
beginning.

The aforesaid nations hereby cede to the U. S. all the lands
comprehended within the following limits, viz; Beginning
at the Winnebago village, on Rock river, 10 miles from its
nioutli, and running thence down Rock river to a line which
runs (iue \V. from tlie most southein bend of Lake Jlichigan
to the Mississippi river, and with that line to the Mississippi
river opposite to Rock Island; thence up that river to the
U. S. reservation at the mouth of the llnisconsin: thence
with the S. and E. lines of said reservation to the Ouiscou-
siu river; thence southerly, passing the heads of the small
streams emptying into the Mississipjii, to the Rock river
aforesaid at the Winnebago village, the place of beginning.

2. Also one other tract of laud, described as follows, to wit:
Beginning on the western shore of Lake Michigan, at the
NE. corner of the field of Antoine ( )uitmette, who lives near
I'lipss I'ointe. about 12 miles N. of Lliicago; thence run-
ning due \V. to the Rock river aforesaid; thence down the
said river to where a line drawn due \V. from the most
southern bend of Lake Michigan crosses said river; thence
E. along said line to the Fnx river of the Illinois; thence
along the northwestern boundary line of the cession of IKUi
to Lake Michigan; thence northwardly along the westeru
shore of said lake to the place of lieginning.

CESSIONS OF 1828-1829

723

L^^D CESSIOJSrS-Contiiiiied.

Historical data <nid n-marks

Designation of cession on map

Xumber

115

Location

Micliigaii 1.

The U. S. ijraiitslrom this st'coud cession 18 sections of laud tooertuiu iudividnals. 14G ludiaua.

This cession covers .a portinii of" tlie tract, ceded by the Sauk and Fox Nov. 8,
1804, l)iit it was retroccdcd by the U. S. to the Chippewa, Ottawa, aud Pot-
awatOMii Aug. 24, 181(5. See treatv of that date.

147

Wisconsin 1, Illinois
2

148 Illinois 2.

124

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETir. ANN. 18

SCHEDULE OF INDI^IST

Dale

1829

July 29

jyiurc or liow
coHcIiidtd

lieftreme

Tribe

Description of cession or rcserrution

I

Pra i 1 i !■ <lu Stat. L.,
Chilli, Mich-, vii,320.

torv.

terii-

Aug. 1

Prairie du
Chieii. Mich-
igan terri
tory.

Chippewa,
Ottawa, and
Potawato-
mi nations
f the wa-
ters of the
Illinois,
Milwaukee,
and Manito-
woc rivers.

Stat. L., Winnebago.
\n, 323.

A.iir. 3

Sept. 24

Little .San-
il II s k V ,
Ohio.

Council caiuji
(111 .1 ameN
f,,rl,- of
White riv-
er, Missouri.

Stat, h.,
vu, 326.

Stat. L.,
VII. 327.

Delaware
(band on
Sa n d u s k 7
river).

Delaware
[supple-
mental to
treaty of
Oct.3,1818J.

From the fore.uoiug cessions the following reservations are
made, viz :

1. For Wau-poueh-see, 5 sections of land at the Grand

Bois on Fox river of the Illinois, where Shaytee's vil-
lage stands.

2. For Shab-eh-nay, 2 sections at his village near the Paw-

I'aw grove.

3. For Awn-kote, 4 sections at the village of Saw-meh-

naiig, on the Fox river of the Illinois.

4. Also 15 sections of land for various individuals.

The Wlnnebaygo nation cede to the U. S. all claim to lands
within the following boundaries: Beginning on Rock river
at the moutli of Pee-keetauuo or Pee-kee-tol-a-ka, a branch
thereof; thence up the Pee-kee-tol a-ka to the mouth of
Sugar creek; thence up the said creek to the source of the
eastern branch thereof: thence by a line running due N. to
the road leading from the Eastern Blue Mound, by the most
northern of the lour lakes, to the Portage of the Wisconsin
and Fox rivers; thence along the said road to the crossing
of Duck creek; thence by aline running in a direct course
to the most southeasterly bend of Lake Puck-a-way, on Fox
river; thence up said lake and Fox river to the Portage of
the Wisconsin: thence across said portage to the Wisconsin
river; thence down said river to the eastern line of the I'. S.
reservatii>n, at the mouth of said river, on the S. side thereof,
as described in the second article of the treaty of Aug. 24,
181(i, with the Chippewas, Ottawas, and Potawataniies;
thence with the linesof a tract of country on the Mississippi
river (secured to the Chippewas, Ottawas, and Potawatamies
of the Illinois by the ninth article of treaty of Aug. I'.l, 182.5),
running southwardl.v, jiassingthe heads of the small streams
emptying into the Mississippi, to the Rock river at the Wiu-
iiebaygo village, 40 miles above its mouth; thence up Rock
river to the mouth of the Pee-kee-tol a-ka river, the place of
beginning.

.Said band of Delawares cede to the U. S. the tract of 3 miles
si|uaie adjoining the Wyandot reservatidn. upon the San-
dusky river, reserved for their use by the treaty of .Sept. 211,
1817, and they agree to remove .and .join their nation on the
W. side of the Mississippi, on the land allotted to them, on
or before ,lan. 1, 1830.

Whereas the treaty of Oct. 3, 1818, stipulates that the U. S.
shall ])rovide a home for the Delaware nation west of the
Mississippi river, ami whereas the Delawares are willing to
remove from the country on James's fork of White river, in
Missouri, to the country selected in the fork of Kansas and
Missouri rivers, as recommended by the V. S. for the perma-
nent residence of tlie whole Delaware nation, it is agreed
that the i(nintrv in the fork of the Kansas and Missouri
rivers, extending up the Kansas river to the Kansas line and
up the Missouri river to Camii Leavenworth and thence by
a Hue drawn westwardly, leaving a sjiace 10 miles wide N.
of the Kansas boundary line foi" an outlet, shall be conveyed
and forever secured by the V. S. to saiii Delaware nation as
their permanent residence.

The Delawares cede to the U. S. all claim to land in Missouri,
comprised in two tracts, viz:

1. i he tract known as the Cape (lirardeau tract, which

was granted to the Delawares and Shawnecs jointly
by Baron de Carondolet on behalf of the Spanish gov-
ernment, Jan. 4, 1793.

2. The tiact in .'^W. Missouri selected for them umUV the

lirovisions of the treaty of Oct. 3, 1818, and lying along
the James fork of White river.

CESSIONS OF 1829

725

LA.ND CESSIO]SrS-Contiimed.

Historical tlttia and remarks

Designation of cession on map

Sumhcr l Location

i

Ceiled to the U. S., Sept. 26, 1833. Roundnries not ascertained.

Granted to reservee and his heirs iu fee simple by treaty oC Sept. 26, 1833.
C'edeil to the I'. S. Sept. 26. 1833. Boundaries not ascertained.

From this cession 42 sections were uranted bv the U. S. to certain individuals.

The Indiana Delawares had since the treaty of 1818 been residins; with those
of their bn-thren who had lived in Missouii since 1793. After abandoning
the Cape Girardeau tiait in 1S15 the latter had temporarily taken a tract iu
SW. Missouri, on the headwaters of White river, as.signed them by Governor
Clark. Here their brethren from the Kast joined them, and this treaty of 1829
was concluded. UndiT date of l>ec. 14, 1843. the Melawares sold to the
Wyandot 39 sections of the Kansas reserve granted the former by this
treaty.

36 sections of land from this cession to be sold to jirovide schools for Delaware
chililren.

149 IllinoisS, Wisconsin 1.

150

Ohio 2.

See 12.^ Missouri :

150(1 Jlissonri 2.

726

INDIAN LAND CESSIONS IN THE UNITED STATES

LKTH, ANK, 18

SCHEDULE OF INDI^]Sr

Dale

1830

July 15

Where or how
concluded

Reference

Prairie d u
Cbiei),Mich-
i g a u terri-
tory.

Stat. L.,
VII, 328.

Sauk and Fox,
Medewa-
k a n t on,
Wahpeku-
ta, Wah-
peton and
S i 8 se ton
bands of
Sioux, Oma-
ha, Iowa,
Oto, and
Missouri.

Description of rttision or rtserrafion

Sept. I'T Dancing Kab-

an<128 bit creek,

Missi.ssippi.

Stat. L.,
MI, 333.

Choctaw

1831
Feb. 8

Washington,
D. C.

Stat. L.,
VII, 342.

Menomini .

Said tribes cede to tbel.'. S. all elaims to the following-described
territory: Beginning at the upper fork of the Demoine river
an<l ]ias.singthe sources of the Little Sioux and Floyds rivers
to tlie fork of the tirst creek which (alls into the Big Sioux
orCalumetou the E.side; thence down said ereekand Calu-
met river to the Jlissouri river; thence down said Missouri
river to the Missouri state line above the Kansas; thenee
along said line to the NW. corner of the said state ; thence
to tlie highlands between the waters falling into the Mis-
souri and Desmoines, passing to said liighlauds along the
dividing ridge between the forks of theGrand river; tlience
along said highlands or ridge separating the waters of the
Jlissouri fioni those of the Demoine to a point o|>posite the
source of Buyer river, and thence in a direct line to the
upper fork of the Demoine, the place of beginning. But
it is understood that the lands ceded and relimiuished by
this treaty are to be assigned and allotted under the direc-
tion of tlie President of tbe U. S. to the tribes now living
thereon or to such other tribes as the Pre.sideut may locate
thereon for hunting and other purposes.

The Sacs and Foxes cede to the U. S. a tract of country 20 miles
in width from the Mississippi to the Demoine, situate S.
and adjoining the line between the said Sacs and Foxes and
the Sioux, as established by article 2 of the treaty of Aug.
19, 1825.

The Medawah-kanton, Wah-pa-coota, Wahpeton and Sisseton
bauds of Sioux cede to the IT. S. a tract of country 20 miles
in width from the Missi8si]ipi to the Demoine river, situate
N. and adjoining the line established by article 2, treaty of
Aug. 19, 1825.

The U. S. agree to reserve for the occupancy of the Sioux half-
breeds the following tract of country: Beginning at a place
called the Barn, lielow and near the village of the Red Wing
chief, and running back 15 miles; thence in a |iaral!el line
with Lake Pepin and the Mississippi about 32 miles to a
point opposite Beef or 0-Boeuf river; thenee 15 miles to the
Grand Encampment, opposite the river aforesaid.

The U. S. agree to reserve for the occupancy of the ()m.aha,
I<iway,Ottoe,Yanckton, and SantieSionxhalf-breedsthe tract
of country within the following limits: Beginning at the
mouth of' the Little Xe-mo-haw river and running up the
main ch;innel of said river to a point wliich will be 10 miles
from its mouth in a direct line; from thence in a direct line
to strike the (irand Ne-mo-haw 10 miles above- its mouth in
a direct line (the distance between the two Ne-mo-haws be-
ing about JO miles) ; thence down said river to its mouth;
thence up and with the meanders of the Missouri river to
the i)oint of beginning.

The U. S., under a grant specially to be maile by the President
of the U. S., shall cause to be conveyed to the Choctaw na-
tion a tract of country W. of the Mississippi river iu fee sim-
ple to them and their descendants, so long as they shall exist
as a nation and live on it, beginning near Fort Smith, where
the Arkansas bonndary crosses the Arkansas river; running
thence to the source of the Canadian tbrk, if in the limits
of the U. S., or to those limits; thence due S. to Red river,
and down Red river to the W. boundary of the territory of
Arkansas; tlieueo N. along that line to the beginning.

The Cboetaw nation cede to the U. S. the entire country they
own an<l possess E. of the Jlississippi river, and they agree
to remove beyond the Mississippi ri ver as e.irly as practic:ible.

Within the foregoing cession was included the tract of 2 miles
Sciuare at Fuketchecpoonta, reserved to the Choctaws by
treaty of 1805.

The Menonionee tribe, by their delegates in council, ileline the_
boundaries of their country as follows; On the E. side of
Green bay, Fox river, and Winnebago lake, beginning at the

KuVCE]

CESSIOXS OP 1830-1831

727

L^V:SrD CESSIOIN'S-Contiiiiaed.

This tract was surveirecl liy James Crai^j luiiler iiistniotions ilatetl June 2, 1x85,
and the map thereof, uumbered 160, will be I'oiiuU (ju lile in the Office of Indian
A Hairs.

151

Minnesota 1, Mis-
souri 1, Iowa 1.

This tract was surveyed Uy James (rai;; in 1X33. See Map No. 112 in the Oflice
of Indian Atl'airs.

This tract was surveyed by James Craig in 1833. See Map No. 1 12 in the Oflice
of Indian Atiairs.

1.52

153

Iowa 1.

Iowa 1, Minnesota 1.

The half-breeds refused to ocinpy this tract and the I'. S. purchased their claim See 292 Minnesota 1 .
to it for .f 150,000, by treaty of' Aug. 5, 1851.

This tract was exclusively within the territory of the Oto and they were pro-
portionately compensated therefor by the other tribes interested in the con-
cessi(Ui. The boundary of this tract was first surveyed in 1837-38 by McCoy
and shows the reserve to contain 143,647.33 acres. Ketweeu 1855 and 1858
the boundary was several times resurveyed. To rpiiet disputes, the act of
Congress of ,Iune 12. 1S58, reestablished the McCoy line as the true boundary.
Owing to encroachments of the Mis.souri river the tract then contained only
120,681.59 acres. The tract between the JlcCoy Hue and the line of 18.58,
which ran farther \V., was sold by act of Feb. 28, 18.59, for the benefit of the
half-breeds. On the map the tract between the line qf 1858 and the McCoy
line is colored green; E. of the JlcCoy line it is yellow.

154, 1.55 Nebraska 1.

This is sunpl.v a reiteration of the ;
Choctaw in 1825.

;raut of 1820, minus the tract ceded by the

From this cession 12 sections of land were reserved for the Choctaw chiefs and
20 sections t\)r other individuals. Also 84} sections of land for certain indi-
viduals. •

1.56 Alabama, Mississippi.

157 Alabama.

IS ETII, PT

728

INDIAN LAND CESSIONS IN THE . UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IMDI^IST

Date

Willie or how
concluded

1831

Feb.

WasUingtou,
B.C.

Stat. L.,
VII, 342.

Menomini .

Jh'scriptiun til' (■fSfiiini oi' reacrvuliou

S. end of Winiiclj.ijio lake; tbence Bontlieastwanlly to the
Milwauky or ManawaiiUy river; thence down saul river to
its moutli at Lake Miiliigan; thence N. along the shore of
Lake Michigan to the mouth of (ireeu bay ; thence up Greeu
Bay, Fox river, and Winnebago lake to the place of begin-
mng. And on the W. side of Fox river as follows: Begin-
ning at the month of Fox river; thence down the E. shore of
Green Bay and across its mouth, so as to include all the
islands of the "(irand Traverse;' thence westerly on the
highlands between Lake Superior and Green Bay to the up-
per forks of the Menonmnee river; thence to the I'lover port-
age of the Wiscousin river; thence up the Wisconsin to the
Soft JIaple river; thence to the source of the Soft Jlajde
river; thence W. to the Plume river, which falls into the
Chijipeway river; thence lUiwu said I'luuu' river to its
mouth; tlience down the Chippeway river 30 miles; thence
easterly to the Ibrks of the Manoy river, which falls into the
Wisconsin rivsr; thence down the said Manoy river to its
mouth; thence down the Wisconsin river to the Wisconsin
portage; theuce across the said portage to the Fox river;
thence ilown Fox river to its mouth at Greeu Bay or the
place of beginning.

The Menouu)nees, though i)rotesting that they are under no
obligation to recognize any chiitu of the New York Indians
to any ]iortion of their country; that they neither sold uor
received any value tor tlie land <laimed by said New York
Indians, yet at the solicitation of the President of the U. S.
they agree that such jiart of the land described within the
following boundaries as hi' nniy direct nniy be set apart as a
Lome fur the several tribes of N<'w York Indians who may
remove to and settle upon the same within three years from
the dati^ of this agreement, viz : Beginning on the W. side of
Fox river, near the "Little Ka<^kaliu," at a point known as
the "Old Mill Dam;'' thence NW. 40 miles; thence NK. to
the Oconto creek falling into (ireen bay; thence down said
Oconto creek to (Jreen bay; tlience up and along Greeu Bay
and I'"ox river to the jilace of begiuuing, excluding therefrom
all private land claims continued.

From the foregoing tract for the New York Indians there is
also excepted the folio wing reservati(m for military purposes:
Beginning on the I-'ox river at the month of the first creek
above Fort Howard ; theuce N. 04" W. to 1 )uck creek ; theuce
down Duck creek to its month; theuce up and along Greeu
Bay and Fox river to place of beginuiiig.

The Menomonees further cede to the U. S. all their couutry on
the SK. side of Winnebago lake. Fox river, and (ireen Bay,
which they descrilic by the following boundaries, to wit:
Beginning at the S. eud of Winnebago lake and running in a
SE. direction to Milwauky orMaiiawauky river; thencedowu
said river to its month ; tlience N. along the shove of Lake
Michigan to the i-ntraiice of 'ireen Bay; thence up and along
(ireen Bay, Fox river, and Wiuneliago lake to the place of
of begiuuing, excluding all iirivate land claims jireviously
sanctioned and continued by the U. S. Itisal.so agreed that
this cession shall iuclude all the islands in Fox river and
Greeu Bay.

The IMenomonees reserve the following-described tract upon
which to make their iiiiproveuiciits ami establish their homes
as ail agri<iiltnral people, viz: Beginning on tlie W. ."ide of
Foxriveratthe "(lldMill Dam," near the "Little Kackaliu,''
and running np and along said river to the Wiuni'bago lake;
thence along sai<l lake to the nicjuth of Fox river; thence
up Fox ri\erto the \\(df river; thence up Wolf river to ;i
jioint .^W. of the W. corner of the trad designated for the
New York Indians; thence NE. to said W. corner; thence SE.
to the )>lace of begiuuing.

The boundary, as stated and defined in this agreement of the
Meuomonee country, with the exeptiou of the cessions here-
inbelbre made to the V . S., the Menomonees claim as their
country; that part of it adjoining the farming couutry on

CESSIONS OF 1831

729

L^^sTD CESSIOIvJ^S-Coiitinued.

Uisluriial (latci and reiiiarhs

Designation of cession on map

Xumher

Location

'J'lie boundaries of this tract were modified by treaty of Oct. 27, 1832. The ! 1.58
bouudaries here shown are those ol the amended tract.

Tliis reservation was cstalilislied liy Executive order, Mar. 2, 1829 159

160

The boundaries of tills tract were changjed by reason of the modification made
iu the boundaries of the tract assigned to the K.ew Vorli Indians.

Wisconsin 1.

Wisconsin 1.

Wisconsin 1.

730

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. AN.V. 18

SCHEDULE OF i:NrDI^N

Date

Where or how
concluded

Ileferencc

1831

Feb. 8

WnshinKtoii,
D.C.°

Tribe

I)escri))tion of cession or reserviition

Stat. L.,
vii,342.

Menomini .

Feb. 28 Wasliingtoi), : Stat. L., SenekaofSan-
D. C. \ii, l-i-18. ^ dusky river.

tbe W. side of Fox river will remain to tliem as heretofore
lor a liiintini; uroinul until the I'resiilent of tbe U. 8. shall
derm it exjieilii-nt to extinj;uish their title. In that case the
Menonionees ])rnmi.se to Murender it imnietliafely upon being
notified of the desi'e of the Government to possess it.
The provisions of the tbregoiuu; treaty were ratified by the
U. S. Senate, subject to the follow in;; provisos:

1. That for the purpose of estalilishiui;- the rights of the

New York Indians on a permanent anil Jnst footing,
the said treaty shiill lie ratified with the express
understanding that two townshijis of land on the E.
side of Winnebago lake, ei|ual to 46,080 acres, shall
be laid otV (to commence at some point to be agreed
on) for the use of the Stockbridge and Miinsee tribes,
in lien of the lands occupied liy them on the E. side
of Fox river.

2. That there .shall be one township of land adjoining the

tVuegoing, e(|ual to 23,040 acres, laid otf and granted
for the use of the Brothertown Indians, in lieu of the
lands occn])ied by them on the K.side of f ox river.

3. That a new line shall be run jiarallel to the southwest-

ern liouiidary line or course of the tract of ."iOO,000
acres described in this treaty as above, and set apart
for the New Yolk Indians, to commence at a point on
the \V. side of the Fox river 1 mile above the Grand
Shnte, and at a sutticient distance from the said bound-
ary line, as estalilished by the Hrst article of this
treaty, as shall comprehend the additional (|uantity
of 2(1(1,000 acres on and along the AV. side of Fox river
without including any of the confirmed private laud
claims on the Fox river, and which 200,(100 acres shall
be a part of the .500,000 acres intended to be set aiiart
for the .Six Nations of New Y'ork Indians and the St
Regis tribe, and that an eipial (juantity to that which
is added on the southwestern side shall b(> tiikcii oft'
from the northeastern sidcof said tract on the(_)conto
creek, to be determined by a commissioner to be aji-
pointed by the President of the U. S., so that the whole
nuinlier of acres to be gr.iuted to the Six Nations and
St Kcgis tribe shall not exceed the quantity originally
stipulated by the treaty.

The Seneca tril)e, residing on Sandusky river in the state of
Ohio, desiring to exchange their lands for other territory W.
of the Mlssi8si])pi, it is agreed between them and the U. 8. —

1. That the Seneca tribe cede to the U. S. the lands granted

to them by patent in fee simple by section 6 of the
treaty of Sejit. 29, 1817, containing 30,000 acres, and
described as i'ollows: "lieginning on the Sandusky
river at the lower corner of the section granted to
William Sjiicer; thence down the river on the K.side
■with the meanders thereof at high- water mark to a
point F. of the mouth of Wolf creek; thence and
from the beginning K.so far that aN. line willinclnde
the (|uantity of 30,000 acres.'' Said tribe also cede a
tract of land reserved for their use by the 8e<-ond arti-
cle of the treaty of Sejit. 17. 1818, which tract is
described in said treaty as follows: "10,000 acres of
land to he laid oft' on the K. side of the Sandusky
river, adjoining the S. side of their reservation of
30,000 acres, which begins on the Sanilusky river at
the lower corner of William Spicer's section, and
excluding therefioiii said William Spicer's section,"
making in the whole of this cession 40,000 acres.

2. That the U. S. agree to cause said tribe of Senecas,

numbering about 400, to be removed to the W. of the
Mississippi river, and will grant them by patent in
fee simiile as long as they shall exist as a nation and
remain on the same, a tract of laud adjacent to the
northern boundary of the lands previously granted to

J

CESSIONS OF 1S31

731

Li^^D CESSIOnsrS-Continiied.

Historical tiaUt (tnd remarks

These bouiidiiries were agaiu mudilied by treaty of Oct. 27, 1832.

These boundaries were altered by treaty of Dec. 29, 1S32.

Designation of cession on map

Xtimber Location

161 Wisconsin 1.

1G2 Wiscousiu 1.

163 Ohio (detail).

732

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH, ANN. 18

SCHEDULE OF INDI^N^

Daie

183:

Feb. 28

July 20

Where or Itow
concluded

Reference

Wn.shingtoii,
D.C.

Lewis town,
Ohio.

Auk. 8

W"apaglil<on-
uetta, ( lliio.

Stat. L.,
vii, 348.

Stat. L.,
VII, 351.

Stat. L.,
VII, 355.

Seneka of San-
dusky river.

Seneka and
Shawnee
(mixed band
residing a t
and around
Lewistown).

Shawnee (re-
siding at
Wapagh-
konnetta
and Hog
creek).

J)escri}i1iOii of cession or rcscrraliun

the Cherokee nation, and ailjoiniuj; tlie boundary of
the state of Missouri, which tract .shall extend 15
miles from E. to W. and 7 miles from N. to .S., cou-
taiuiug about 67,li00 acres.

The Seneca and Shawnee Indians residing at and around Lewis-
town, in the State of Ohio, cede to the U. S. the lands
granted to them by patent in fee simple by the sixth article
of the treaty of Sept. 29, 1817, containing 48 sipiare miles, ami
described in said treaty as follows : "Hegiuniug at the inter-
section of the line run by Charles Kobcrts in the year 1812,
from the source of the Little ilianii river to the source of the
Scioto river, in pursuance of instructions froui the coumiis-
sioners appointed on the part of the I', S. to establish the
western boundary ol the A irginia military reservation w ith
the Indian bonu<lary line established by the treaty of Green-
. ville in 1795 from the crossings above I-'ort Lawrence to Lora-
mie's store and to run from such intersection northerl.v with
the first mentioned line, so as to include the fjuantity as
nearly in a square form as practicable, after excluding the
section of laud g»anted to Nancy Stewart,'' And the saiil
Senecas and Shawuccs also cede to the U. S. in manner afore-
said one other tract of land, reserved for them by article 2
of treaty of Se|)t. 17. 1818, which tract is descrilied in sai<l
treaty as follows: ''8,9110 acres to be laid otfadjoining the \V.
line of the reserve of 48 square miles at Lewiston."

In consideration of the foregoing cessions the U. S agree to
cause said band of Senecas and Shawnees, about 300 in niini-
her, to be removed to W. of the Mississippi river, and will
grant them, by patent in fee simple, as long as they shall exist
as a nation and remain on the same, a tract of land to con-
tain 60,000 acres, to bo located, under the direction of the
President, contiguous to the lands granted to the Senecas of
Sandusky by treaty of Feb. 28, 1831, and the Cherokee set-
tleiiients. The E, line of said tract shall be within 2 miles of
the \V, line of the lands granted to the Senecas of Sandusky
and the S. line shall be within 2 miles of the N. line of the
lands held by the CheroUees, and said two miles between the
aforesaid lines shall serve as a common passway between
the before mentioned tribes, to prevent them from intruding
on each other's lanils.

The tribe or band of Shawnee Indians residing at Wapaghkon-
netta and on Hog creek, in the state of ( Ihio, cede to the 1', S.
the lauds jireviously granted to them, as follows:

1. A tract of laud lO miles square, the center of which shall

be the council house at Wapaghkonnett.'i, granted to
the said Indians by patent in fee simple by the sixth
section of the treaty of Sept. 29, 1817, and also a tract
granted to said Shawnees by artiile 2, treaty of Sept.
17, 1818, and described as containing 12,800 acres
adjoining the E, line of the reserve of 10 miles square
at Wapaghkonnetta.

2. A tract of land containing 25 square miles, adjoining

the tract granted at Wapaghkonnetta and to include
the Shawnee settlement on Hog creek and to be laid
off as nearly as possible in square form, which tract
was granted to said Shawnees by patent in jiursuance
of the provisions of the treaty of Sept, 29, 1817,
In consideration of the foregoing cessions the U. S, agree to
cause saicl baud or tribe of Shawnees, to the number of about
400, to be removed to the W. of the Mississijipi river, and
will gr;uit them, by jiatent in fee simple, as long as they shall
exist as a nation and remain upon the same, a tract of land
to contain lOO.COO acres, to be located, under the direction of
the I'resident of the U, S., within the tract of land eijual to
.50 miles 8(|narc which was granted to the Shawnee Indians
of Missouri by article 2 of the treaty of Nov. 7, 1S25. and in
which it is provided that the grant shall be I'or tlie Shauneo
tribe within the State of Missouri, '•:ind for those of the
same nation now residinji in Ohio who may hereafter emi-
grate to the W. of the Mississippi,'

CESSIONS OF 1S31

733

L^^^D CESSIO:^^S-Continlled.

llixtovU-al (lattl and ri'mnrk-s

The iMmnilaries (if this tract were iiltmuil l>y treaty <if Dec. 2il. 1832.

Denignalion of cession on map

y^umher

This band jiiiiie<l (hii Missouri Sbawuec at tlio uew reserve oa tbe W. of the
Mississijiiii, and all occupieil it in comujon.

165

166

Location

KM Ohio (detail).

Ohio (detail).

Obio (detail).

734

INDIAX LA.ND CESSIONS IN THE UNITED STATES

[tTH. AS.V. 18

SCHEDULE OF ESDI^:^

Date

1831
Aug. 30

Where or Iioic
concluded

Miami bay of
Lake Erie. I

1,'efereiur

Trihe

Stat. ]..,
\ii, 35ii.

Ottawa ( re
siding i
Ohioj.

1832
Jan. 19

Mar. 24

May

M c C u t c b -
eousvi lie,
Craw ford
county,
Obio.

Wasbingtoii,
D. C.

Pay ue's Land-
ing, Flor-
ida terri-
tory.

Stat. L.,
vii,364.

Stat. L.,
vii,.366.

Stat. L.,

vn,3(i><.

Wyandot
(band resid-
ing at Big
Spring).

Creek

Seminole .

Itescription of cessiou or reservation

Witli n vien- to removing to the cnnntry W. of tbe Mississippi
tl]< lianilof Ottou aysresiiliujTon Blancbanl'sforkof tbeCireat
Aii^jlaize rivt'r and at Oqnanoxie's villa<;c on tbc Little Au-
•jlai/e river cede to tbe U. S. tbe following tracts of land
reserved for them, respectively, by tbe .sixth article of tbe
treaty of Sept. 21t, 1817:

1. A trait of laud on Hlancliard's fork of the Great Auglaize

ri\er, to contain 5 miles sipiare, tbe center of which
tract shall lie where the old trace crosses said fork.

2. A tract to contain 3 miles stinare on the Little Auglaize

river, to include < liiuauoxie's village.
The band of Dttoway Indians residiuir at and near tbe places
called Koelie de Koenf and Wolf lia]dds, on tbe Miami river
of Lake Erie, wishing to liecome jiarties to this treaty and not
being willing at tliis time, to stipulate for tlieir removal W.
of the Mississippi agree, in consideraliou of tbe stipulations
herein made for tUem liy the V. S., to cede to the U. S. the
following tracts of land reserved to them by tbe treaty of
Nov. 17, 1SH7, viz:

1. A tract of (i miles sijuare .ibove Koche de Boenf, to in-

clude tbe village where Tondagonie (or Dog) formerly
live<l.

2. A tract of 3 miles scjuare at tbe \Yolf Rapids aforesaid,

which was substituted for tbe 3 miles si|uare granted,
by tbe treaty ot Nov. 17, 1IS07, to tbe said Ottoways, to
include Piesque Isle, but which could not be granted,
as stipulated in said treaty, in conseiinence of its col-
lision with tbe grant of 12 miles sijuaro to the U. S.
by tbe treaty of (ireenville in 179.5.
The U. S. agree to cause the band of (_)ttoways residing on ~
Blancbard's fork and at Oiiuanoxie's village, numlieringal)ont
200 souls, to be removed to the western side of the Mississii>pi
river, and will grant by jiateut in fee simjile to them and
their lieirs I'orever, as long as they shall exist as a nation and
remain upon tbe same, a tract of laud to contain 34,000 acres,
to be located adjidniug tbe S. or W. line of the reservation
granted to tlie .'<hawnees of Missouri and Ohio, on tbe Kan-
zas river and its liraiicbes, by treaty of Nov. 7, 1825.
The U. S. agree to grant to the baud of Ottoways residing at
Koche de lioeuf and Wolf liajdds, by patent in fee simide,
40,000 ^cresof land \V. of the Mississippi, a<lJoining tbe lands
assigned to the Ottoways of Blauchaid's fork and ( li|nanoxie's
village, or in such other situation as tliey may select on tbe
unai>piopriated lands in the district of country desigue<l for
the emigrating Indians of the U. S. Whenever said band
shall accept ot said grant, the U. S. agree to remove and sub-
sist them in the same manner as is provided by this treaty
for the removal of the Ottoways of Blancbard's fork and
Oquanoxie's village.

The band of Wyandots residing at tbe lUg Spring, in tlie county
of Crawford in the state of Ohio, cede to the 1'. S. tbe reser-
vation of ll),000 acres, granted to them by article 2 of tbe treaty
of Sept. 17, ISIS, described in said treaty as follows: '■There
shall 1)0 reserved for the use of the Wyandots residing at
Solomon's towu and on Blancbard's fork 16,000 acres of land,
to be laid off in a si|nare lorm on the head of Blancbard's
foriv, tbe center of which shall be at the Big Spring on tbe
road leading from Upper Sandusky to Fort Fiudlay.''

Tbe Creek tribe of Indians cede to tbe U. S. all their land E.
of the Mississipin river.

The Seminole Indians relinquish to the U. S. all claim to lands
occupied by them in the territory of Florida and agree to
emij;rate to the country W. of the Mississippi river.

The V . S agree that an additional extent of territory for tbe
Seininoles, projiortioned to their niiinliers, shall be added to
the Creek country, and that the Seininoles will be received
as a constituent part of the Creek nation.

EUVCEJ

CESSIUXS OK 1S31-1832

735

LA.^D CESSIONS-Continiied.

; Ohio (detail).

l(!y

nil J

These bands became eoufeilerated after tbeir nnii.val to the reservations
assigned tbem by this treaty, ami liy a siibseiiueut treaty of June 24, 1862, they
made a joint eession of tlie reser\"es to tlie I'.S.

On l\an.sas iiia]> 2 of tliis schedule the intirr reserve of both liands is cohered
yellow and numbered 40."). The tract (ni.uinally assigned to the Ottowa of
Blanchard's lorli and (ic]nano\a'a village is shown within the red lines.

.See 435. Kansas 2.

171

Ohio (detail).

.See note coucerninj;
Indians.

this tract under treaty of .-^ept. 18, 1823, with the Florida

172 Alabama.

173 Florida.

Tlie boundaries of this tract arc defined in the treaty of Mar. 28, 1833. (See also
treaty of .Ian. 4, ISl."), with the Creeks and the .'^eminole for modification of this
Jirovisiou ; again modified by treaty of Aug. 7, 185().)

73(J

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. AN\. 18

SCHEDULE OF I>> DI^^

Date

Where or how
concluded

Reference

Tribe

1832

Sept. 15

Fort A r in -
s t r o 11 fi ,
K o c k Is-
land, Illi-
nois.

Stat. L.,
VII, 370.

Winnebago.

Sept. l!l

Fort A rill -

strong-
Roik Is-
lanil, Illi-
nois

Stat. L.,
vn,374.

Sauk and Fox.

Oct. 11

Tallahassee,
Florida.

Stat. L.,
VII.377.

Deseripiwii of cesuun or resen alioii

Appalachicola .

Tlie Winnebago n.ation lieroby cede to the U. S. all lands to
uhicli said nation b.ive title or claim lying to the S. and E.
of the Wisconsin river and the I'ox river of Green bay,
bounded as ibilows, viz: Beginning at the month of the
Pee keetol-a-ka river; thence np Kock river to its source;
tbenee with a line dividing the Winnebago nation from
other Indians E. of the Winnebago lake to the Grand C'hnte;
thence n|i Fox river to the Winnebago lake and with the
northwestern shore of said lake to the inlet of Fox river;
thence np said liver to Lake I'nckaway and with the eastern
shore of the same to its most southeasterly bend; thence
with the line of a purchase made of the Winnebago nation
by the treaty at Prairie dn Chien, Aug. 1, 1829, to the place
of beginning.

In consideration of the above cession, the U. S. agree to grant
to the Winnebago nation, to be held as other Indian lands
are held, that part of the tract of country on the W . side of
the Mississippi river known as the Neutral (iround, embraced
within the following limits, viz: Beginning on the W. bank
of the Mississippi river, L'O miles above the mouth of the
npiier loway river, wliere the line of the lands purchased of
the .Sioux Indians, as described in the third article of the
treaty of .July 1."). 18H0, begins; thence with said line as sur-
veyed and marked to the eastern branch of the l!e<l Cedar
creek; thence down said creek 40 miles in a straight line,
but following its windings, to the line of a purchase made
of the Sac and Fox trilies of Indians, as designated in the
second article of the aforesaid treaty; thence along the
southern line of said last-nientiimed purchase to the MIs-
8issi])pi at the point marked by the surveyor appointed by
the President of the II. S. on tlio margin of said river, and
thence up said river to the place of beginning, the exchange
of the two tracts of country to take place on or before the
1st day of June next; that Is to say, on or before that day
.all the Winiiebagoes now residing within the country ceded
by them as above shall leave the said country when and not
before they shall be allowed to enter upon the country
granted by the U. S. in exchange.

The confederated tribes of Sacs and Foxes cede to the U. S. ail
lands to which the said tribes have title or claim (with the
excejition of the reservation hereinatter made) iniduded
witliin the following bounds, to wit: Beginning on the MIs-
8lssip|)i river at the point where the Sac and Fox northern
boundary line as established by article 2 of the treaty of
.Inly 15, 1830, strikes said river"; thence np said boundary
line to a point 50 niih'S from the Mississippi, measured on
said line; thence in a right line to the nearest point on the
Ked Cedar of tlie loway. 40 miles from the Mississippi river;
thence in a right line to a point in the northern bouudary line
of the state of Missouri ,">0 miles, measured on said boundary,
from the Mississippi river; thence b.y the last-mentioned
boundary to the Mississippi river, and by the western shore
of said river to the place of beginning.

Out of the foregoing cession the 11. S. agree to a reservation
for the use of the .Sacs and Fo.\es of a tract of land contain-
ing 400 square miles, to be hiid olf under the direction of the
I'resident of the IT. S., from the boundary line crossing tlie
loway river, iu such manner that nearly an eijual portion of
the re.servation may be (ui Imth sides of said river and ex-
tending downwar<ls so as to include Ke-o-kuek's principal
village on its right bank, which village is about 12 luileR
from the Mississippi river.

The .Appalachicola baud cede to the V. S. all title and interest
in a reservation of land made lor their beneHt in the addi-
tional article of the treaty roneliided at Cam]> Mnultrie, in th.T
territory of Florida, on .Sept. 18, 1823, and which is described
in said article "as comiiicucing on the Ajipalachiccda 1 mile
below Tuski Hajo's improvements, running up said river 4

CESSIONS OF 1832

737

L^]>TID CESSIOjSrS-Continiied.

Uistorlral data tdid reiiiark-'i

Designation of cession on map

Number

Locatiun

,

174

AVisconsiu 1, IHi-
nois 2.

By treaty of Nov. 1, 1837, tlie Winnebago ceded tbeir riglit to a portion of
this tract, except for hunting pnrposcs. By treaty of Oct. 13, 1846, the Wiu-
neljago made an absolute cession of the entire tract.

See 2(!7

Iowa 2, Minnesota 2.

This tract was surveyed by Charles de Ward, in Oct., 1835. (See map 168 in
the Office of Indian Artairs. ) This cession was required of the Sauk and Fox
as indemnity for the exjienses of the Black-hawk war.

Iowa 1.

This reserve was ceded to the U. S. by treaty of Se])t. L'8, 1836 .

See 226 Iowa 1.

176

Florida.

738

INDIAN LAND CESSIONS IN THE UNITED STATES

[K'lH. AN\. 18

SCHEDULE OF UsTDI^^

Date

1832

Oct. 11

Oct. 20

Where or how
coiichided

T:illahas.see,
Floriihi.

Reference

Stat. L.,
VII, 377.

C':aii|i Tippc- Stat. L.,
iMuoe, In- ! VII, 378.
(liana.

Oct. 20

Council
lions (' o n
Pontitock
creek,
Chickasa w
nation,
Mississippi.

Oct. 24

Castor Hill,
St Louis
conntv, Mo.

Tribe

Devcrijtiiou of cession or rcscrrutiott

Appalacliicola . '

Potaw a 1 m i
(band of
the Prairie
and Kan-
kakee).

Stat. L.,
VII, 381.

Chickasaw . .

Stat. L.,
VII, 391.

Kickapoo.

mill's; 1 hence AV. 2 miles; thence sontherly to ii point due
W. ol tlic beginning : tlieiice E. to the Ijcginuing jHiint," and
agree to I'emove, witii their warriors anil lamilics now occu-
pying s.aiil vescrvatiou and amonnting in all to L'.')ti sonls, to
the W. of the llississijipi river, beyond the limits of the
states and territories of the U. S.

The said I'otawatamiescede to theU. S. the following-described
tract of laud, viz: Beginning at a ]ioint on Lake Jlichigan
10 miles southward of the mouth of Chicago river; thence in
a direct line to ajioint on the Kankakee river lOmiles above
its month; thence with said river and the Illinois river to
tlie month of Fox ri\er, being the boundary of a cession
made by thini in l.^Ki; thence with the southern boundary
of the Indian territory to the .state line between Illinois
and Indiana; thence X. with said line to Lake Michigan;
thence with the shore of Lake Michigan to the jdace of
beginning.

From the foregoing cession, in addition to 32 sections as indi-
vidual reserves, the two following reserves were made, viz:
1. For Sho-bou-ier, two sections at his village

2. For Wah-pon-seh and Qua-ijui-to, five sections each in
the prairie near Eock village.

The Chickasaw nation, finding themselves oppressed in their
present situation by being made snliject to the laws of the
States in which they reside, which laws they can not under-
stand, rather than sulnnit to this evil, ]irefer to seek a home
in the West where they may live and be governed by their
own laws. 15elie\ing they can jirocure fur themselves a honu'
in a country sniteil to their wants and condition, })rovided
they had the means to pay for thesame, they have determined
to sell their country and hunt a new home.

Therelbre, for the consideration hereinafter expressed, the
Chickasaw nation cede to the F. S. all the land which they
own on the K. side of the Mississippi river, including all the
country where they at jnesent live and occujiy.

In order that the Chickasaws by the foregoing cession should
not de|irive themselves of a comfortable home it is agreed
that unless they shall be able to find a suitable home W. of
the Mississipjii, promptly after the ratification of this treaty,
they are to select out of the ceded lands reservations for
each family as follows: To each single man 21 years of age,
1 section; to each family of 5 or imder, 2 sections; to each
lainily of 6 and not exceeding 10, 3 sections, and to each
family over 10, 4 sections; to each lamily owning 10 or more
slaves, 1 section additional, and to each family owning under
10 slaves, oire-half section additional.

It is agreed that the boundary line between the Choctaw and
Chickasaw country, as formerly owned by them K. of the Mis-
sissippi, shall be definitely ascertained and established.

The Kickapoo tribe cede to the U. S. the lauds assigned to them
by the treaty of Edwardsville, July 30, 1819, and supplemen-
tary treaty of St Louis, .July 19, 1820.

The I'. S. agree to juovide for the Kickapoo tribe a country to
reside in .SW. of the Missouri river, as their ])erniaueut home
as long as they remain a tribe. And wliereas the said Kick-
iijioo tribe are now willing to remove from the country ceded
on Osage river, in the state of Missouri, tothe country selected
on the Missouri river N. of the lands assigned to the Dela-
wares, it is agreed that the country within the following
boundaries shall be assigned and conveyed tothe said Kick-
apoo tribe as their permanent residence, viz: Beginning on
the Delaware line 6 miles westwardly of Fort Leavenworth ;
thence Avitli the Delaware line westwardly (iO miles; thence
N.20 miles; thence in a diri'ct line to the W. bank of the
Missouri at a point 26 miles N. of Fort Leavenworth ; thence
down the W. bank of the Missouri river to a jioiiit 6 miles
nearly NW.of Fort Leavenworth, and thence to the begin-
ning.

CESSIONS OF isa2

73U

L^^ISTD CESSIO:N'S-Coiitiimed.

Designation of cission on map

HistorirtiJ thita and reitiorks

Xiiiiihef

Location

This cession overlapped tiiut iiuiile by tlie ii embers of tlii- Illinois coulVderacy
on Sept. 25, l»<lf<. Its boundaries are sliowu on niaji 1 ol' Illinois by a bine
line, and include the urea numbered 177.

177

The locating commissioners reported, ."^ejit. 16, 183."), their inability to tind this
village. The reservation was tlierefore never located, and the right of .Sho-
bon-ier was purchased by the U. S. at $1.1'.") ]ier acre, < )ct. 25, 1852.

Purchased by the V. S., Feb. 11, 1837. Boundaries not ascertained.

This cession overlaps the Cherokee cession of Sept. 11, 1816

178

Illinois 1.

Mississlpi)i, Alabama,
Tennessee.

179

Missouri 2.

These boundaries were altered as described by a supplemental article to this
treaty dated Xov. 26, 1832. (See page 740./

740

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETll. ANN. 18

SCHEDULE OF I^DI^K^

Date

Jl'/ierc or hoiv
coHvluded

Iteferince

Tribe

Jtescript'wH of cession or reseiTation

1832

j

Nov. 26

Fort Leaven-

Stat. L.,

Kickapoo

This supplementary article was concluded in order to cure a 1

worth.

VII, 393.

dissatisfaction with the lioiiudaries prescrihed iu the treaty
of Oct. 24, 1S32. The boundaries as chanfjed are a.s follows:
Bcf^inninji- on the Delaware line where said line crosses the
left brancli of Salt creek ; thence down said creek to the Mis-
souri river; thence u]> the Missouri river 30 miles when meas-
ured on a straight line; thence westwardly to a point 20
miles from the Delaware line, so as to include in the lands
assigned the Kickapoos at least 1,200 square miles.

Oct. 26

Tippecauoe

Stat. L.,

Potawa'.omi ..

The Pottawatimies cede to the U. S. all title to the following

river, Indi-

-^ii, 394.

lauds in the state of Indiana, viz: Beginning at a point on

ana.

*

Lake Michigan where the line dividing the states of Indiana
and Illinois intersects the same; thence with the margin of
said lake to the intersection of the southern boundary of a
cession made by the Pott:iwatiniies at the treaty of the
Wabash of 1826; thence E. to the NW. corner of the cession
made by the treaty of St Joseph's in 1828; thence S. 10 miles;
thence with the Indian boundary line to the Michigan road;
thence S. with said road to the northern boundary line as
designated iu the treaty of 1826 with the Pottawatimies;
thence W. with the Indian liouudary line to the river Tippe-
canoe; thence with the Indian boundary line as established
by the treaty of 1818 at St Mary's to the lino dividing the
states of Indiana and Illinois, and thence N. with the line
dividing the said states to the place of beginning.
From the foregoing cession the following reservations are
made, viz :

1. For the bandof Aub-be-naub-bee, 36 sections, to include

bis village.

2. For the bands of Men-o-mi-nee, No-taw-kah, Muck-kah-

tali-mo -way, and Pee-pin-oh-waw, 22 sections.

3. For the bands of U-kaw-wause, Kee-waw-nay, and Nee-

bosh, 8 sections.

4. For the band of Com-o-za, 2 sections

5, For the baud of Mah-che-saw, 2 sections

6. For the b:ind of Man-ke-kose, 6 sections

7. For the bauds of Nees-waugh-gee and c^uia.sh-qua, 3

sections.

Castor Hill,

Stat. L.,

Shawnee and

8, For J. B. Sliademah 1 section

Oct. 26

The Delawares and Shawanoes, late of Cape Girardeau, cede

St Louis

VII, 397.

Delaw are,

aud relinquish to the U. S. all their lauds in the state of

county, Mo.

late of Cape
Girardeau.

Missouri, as well as all claims against the U. S. for loss of
property and improvements.

Oct. 27

Tippecanoe

Stat. L.,

Potawatomi

Tlie Potow.-itomies cede to the U. S. their title and interest to

river, In-

VII, 399.

of Indiana

lands in the States of Indiana aud Illinois and iu the Ter-

diana.

and Michi-
gan.

ritory of Michigan S. of Grand river.
From the foregoing cession the following reservations are
made, viz:

1. The reservation at Po-ca-gan's village for his band

2. A reservation for such of the Potowatomies as are resi-

dent at the village of Xotta-we-sipa, agreeably to the
treaties of Sept."19, 1827, aud Sejit. 20, 1828.

3. For the band of Kiu-kash, 4 sections -

4. For the band of Mes-qua-buck, 4 sections, to include

his village.

5. For the band of Che-kase, 4 sections, to include his vil-

lage.

6. For the band of Che-Chaw-kose, 10 section.s, to include

his village.

7. For the Potowatomies, 2 sections, to include their mills

on Tippecanoe river.

CESSIONS OF 1832

741

L^i^D CESSIOIsrS-Coiitiiiiied.

Historical data and rcmarkft

Ceded by treaties of May 18, 1854, and Juno 'JS, 1802, except a jioition reserved
by the latter treaty. See those treaties.

Designation of cession on muj)

JS'umber

Location

See 32.5, Kansas 2.
436, 437.

180 Indiana.

Ceded to the U. S. by treaty of Apr. 11, 1836 .

Ceded to the U. S. by treaty of Aug. 5, 1836

Ceded to the U. S. by treaty of Apr. 22, 1836. Boundariis not ascertained.

Ceded to the U. S. by treaty of Dec. 4, 18.34. The public surveys were not
extended over this section ot country until after this reserve was ceded to
the U. S. and its boundaries were in cunsequeuce uevi-r detiuitely located.

Ceded to the U. S. by treaty of Apr. 22, 1836. Boundaries not a-certaiued.

Ceded to the U. S. by treaty of Dec. 10, 1834

Ceded to ttfe U. S. by treaty of Apr. 22. 1836

See 209 1
See 218

)■ Indiana (detail).

This cession was already covered by the jirevious cessions of 1825 and 1820 by
the same tribes.

Ceded to the U. S. by treaty of Sept. 2'
Ceded to the U. S. by treaty of Sept. 2'

1833.
1833.

See 200 \
See 210 J

See 125, Missouri 2.
126,150 a

181

See 19(11
See 188 J

Indiana.

Michigan 1.

Ceded to the U. S. by treaty of Sept. 23, 18.36 1 See 222 ^

Ceded to the U. S. liy treaty of Mar. 26, 1836 See 204 |

Ceded to the U. S. by treaty of Mar. 29, 1836

Ceded to the U.S. by treaty of Sept. 23, 1836

Ceded to the U. S. by treaty of Dec. 16, 1834. The public surveys were not
extended over this section of country until after this reserve was ceded to
the U. S, and its boundaries were in consequence never detinitely located.
The mills were located about U miles E. of Kochester at the W. end of Mani-
tou lake, in S. 9. T. 30, K. 3 E., which was certified to the state of Indiana as
a part of the .Michigan road grant by the Commissioner of the General Laud
Ofhce, Sej)t. 7, 1835.

See 208 ( luJia"* (detail).
See 223 J

74:

INDIAN LAND CESSIONS IN" THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF I^TDI^^

Dale , , , Heternire Tribe

1832

Oct. 27 Tipneranoe Stat. L.,
ri v<r, 111- VII, 3y!i.

diuiiu.

Potawatorai
of Indiana
and Michi-
gan.

Oct.

Castor Hill,
St Louis
county, Mo.

St:it. L.
VII, 403.

Kaskaski a
and Peoria,
which, with
the Michi-
gamea, Ca-
hokia, and
Tamaroa
bands, now
united with
the two
first- named
tribes, for-
merly com-
posed the
Illinois con-
federacy.

Oct.

17 Green 15:iv

Stat. L.,
VII, 405.

Menomini .

liisrriplioii i<f cesKioii or nxerralivn

J^. For the liaiid of To-i-sas' l)rothi'r Me-mot-way, ami Che-

(luaiu-Ua-ko, Klsi-otious to include their village.
!•. For the band of Ma-sae. 4 si-etion.s

10. For the band of Ash-knm uud Wee-si-o-uas, 16 .sections,

to include their village.

11. I'or the band of Wee-sau, 5 sections of laud, including

1 sectiim granted to him by treaty of 1*<28 and to in-
clude hi.s ))re>ent residence.

12. F'or the band of .\Iota, 4 sections, to include hi.s village. .

13. For tl)e baud of Meu-o-cjuet, 4 sections, to include his

village.

The KaskasUia tribe of Indians, and the several bands united
with them as aforesaid, cede and release to the U. S. the lauds
granted them bv the tirst section of the treaty of \'incennes
of Aug. 13, 1803.'

From the foregoing cessiouthere is reserved by the Kaskaskias
for Ellen Decoigne, daughter of their late chief, the tract of
about 3."i0 acres near the town of Kaskaskia, which was
secured to said tribe by the act of t'ougreas of .Mar. 3. 17113.

The Peoria tribe, and the bands aforesaid nnite<l therewith,
cede to the U. S. all claim to land heretofore reserved by or
assigned to them in former treaties, either in the state of
Illinois or ilissouri.

The U. .s. cede to the combined tribes of Kaskaskias and Teorias,
and the oands aforesaid uniteil with them, 150 sections of
land forexer, or as long as they live upon it as a tribe, to
include the present I'eoria village, W. of the state of Mis-
souri, on the waters of Os.ige river, to be bounded as follows :
N. by the lands assigned to the Shawanoes; \V. by the west-
ern liue of the reservation made for the Piankeshaws, Weas,
and Peorias, and E. by lands assigned the Piankeshaws autl
Weas.

The Peoria and Kaskaskia trilies and the bands of Michigamia,
Cahokia, and Tamarois Indians united with them, cede to the
U. S. their claims to lands within the states of Illinois and Mis-
souri, and all other claims of whatsoever character against
the U. S., including the tract ceiled by them by treaty of
Sept. 25, 181><, at Edwardsville.

The Jlenominees do not object to any of the malters contained
in the proviso annexed to the resolution of the Senate of the
F. S. dated .June 2.5, 1832, so far as the same relate to the
grantingof 3 townshipsof land on theE. side of Winnebago
lake to the Stockbri<lge, Munsee, and liiotliertown tribes.

The Menominees object to all matters contained in the afore-
said Senate resolution having reference to the establish-
ment of a new boundary line for the New York Indian tract
(see description under treaty of Feb. 8, 1831), and in lieu
thereof agree as follows : The said Menomonee nation hereby
agree to cede for the benefit of the New York Indians along
the .southwestern boundary line of thl^ present 500.000 acres
described iu the tirst article of the treaty of Feb. 8, 1X31, as
set apart for the New 'idrk Indians, a tract of land bounded
as (bllows: liegiuuing on the said treaty liue at the old mill
dam on Fox river, and thence extending uji along Fox river
to the little Ii(i])id Crnclii- ; from thence running a X W. course
Smiles; theuce on a line running parallel with the .several
courses of Fox river, and 3 miles distant from the river, until
it will intersect a line running on a N W. course, commencing
at a pcdiit 1 mile aliove the Grand ."slnite; thence on a line
running NW. so far as will be necessary to include lietweeu
the saiii last line and the line described as the southwestern
boundary hue of the .500,000 acres iu the treaty aforesaid,
the r|iiaiitity of 200,000 acres: and thence running NE.
until it will intersrct the liue forming the southwestern
boundary line aforesaid; and from theuce along the said liue
to the oii'l mill dam, or place of beginning, containing 200,000

CESSIONS OF 1832

743

L^ND CESSIONS-Contimiecl.

Designation of cession on map

Historical data and remarks

Number

Ceded Sept.20, 1«36.

1

See 221
See 224

Ceded to the U. S. by treaty of Sept. 22. 183(5 J

Ceded to the U. S. by trtaty of Sept. 23, 1836. This reserve overhipped the

reserve at Mud creek established by Miami treaty of Oct. 23, 1826. (Dotted

black Hues.)
Ceded to the U. S. by treaty of .Sept. 23, 1836. This reserve overlap]>ed the I See 225

reserve of 10 sectious at Mud creek established by Miaiui treaty of Oct. 23, I

1826.
Ceded to the U. S. by treaty of Dec, 17, 1834, and again ceded to the U. S. by See 201

treaty of Sept. 23, 1836.
Ceded to the U. S. by treaty of Sept 23. 1836 See 222

There does not appear to have been any act of Congress of the date and'cbar-
acter referred to. This tract was reserved to the Kaskaskia by treaty of
Aug-. 3, 1803. Boundaries not ascertained.

An indefiuito relinquishment, already covered by more specific cessions.

Location

Indiana (detail).

An indehnite reliui|ui.sliiuent, already covered by more specific cessions.

See treaty of Feb. 8, 1831, in this schedule, for the provisions of the Senate
resolution.

See 326, Kansas 2.
327, 328

See 158

Wisconsin 1.

IS KTII, I'T 2-

744

INDIAN LAND CESt^IONS IN THE UNITED I^TATES

[ETH. ANN. 18

SCHEDULE OF Il^DI^]^

Date

Where or liow
concluded

1838

Oct. 27

Greeu Bay.- -

Reference

Trihe

Oct. 29

Ca.stor Hill,

Mi-ssouri.

Dec. 29

.Seneca .Tgeii-
cy, on head-
waters of
C o w .s k i u
river.

1833

Feb. It

Fort Gili.son,
on the Ar-
kansas riv-
er.

Stat. L.,
^•II, 405

Stat. L.,
vii, 410.

St.it. L.,
VII, 411.

St.at. L.,
VII, 414.

Menomini ,

Piankishaw
and Wea.

United Seneka
and Shaw-
nee.

Cherokee na-
tion west of
the Missis-
sippi river.

Description of cession or rescrvatiun

acres, excepting and reserving therefrom tlie privilege of
Charles A. (iriguoii, for erecting a mill on Apple creek, etc.,
as approved by the Department of War, Apr. 22, 1831, and
all confirmed private land claims on Fox river. And that in
exchange for the above a qnantity of land efjual to that
■\vliich is added to the southwestern side shall be taken oti'
from the northeastern side of the said tract, described in that
article, on the Oconto creek, to be run anU inaiked by the
commissioner ajipointed by the U. S , so that the whole num-
ber of acres to be granted to the Six Nations and St Kegis tribe
of Indians shall not exceed the quantity of 500,000 acres.

The Piankeshaws and 'Weas cede to the U. S. all right to lauds
in the states of Missouri and Illinois.

The U. S. cede to the I'iankeshaw and Wea tribes for their per-
manent residence. 250 sections of land within the limits of
the'survey of the lands set apart for the I'iankeshaws. Weas,
and Peorias. bounded E. by the westei u boundary line of the
state of Missouri for 15 miles; N. by the southern boundary
of the lands assigned to the Shawanoes ; \V. by lands assigned
to the Peorias and Kaskaskias, and S. by tlie southern line
of the original tract surveyed fur the I'iankeshaws, Weas,
and Peorias, said tract being intendi'd to include the present
villages of the said Piaukeshaws and Weas.

The united tribe of Seneca and Shawnee Indians hereby cede
to the U. S. all the laud granted to them ou the W. side of
Ne-o-sho or (irand river, by trealiis made respectively w ith
the Seuecas of Sandusky and the mixed band of Senecas and
Shawuees of l.ewistown, Ohio, ou J ul v 20, 1831, and Feb. 28,
1831.

In consideration of said lands described and ceded as above,
the U. S. agree to graut by letters patent to the united tribe
of Seuecas and Sliawuees in manner as hereiuafter men-
tioned, the following tract of land lying ou the E. side of
Neosho or Graud river, viz: bounded ou theE. by the W.
line of the state of Missouri; 8. by the present established
Hue of the Cherokee ludians; W. by Ne-o-sho or Grand river,
aud N. by a line runuing parallel with said S. line aud ex-
tending so far from the present N. line of the Scueca Indians
from Sandusky as to contain (30,0110 acres, exclusive of the
land now owned by said Seneca ludians, which said buuud-
aries include, however, all the land heretofore granted said
Senecas of Sandusky, on tlio E. siile of (irand river, and the
U. S. agree to graut said tract of land, by two letters pateut,
viz :

1. The N. half in quantity, to be granted to the mixed
baud of the Seuecas aud Shawuees of Ohio.

2. The S. half in
aforesaid.

juautity, to the Seuecas from Sandusky

The whole of the foregoiug land to be occupied iu common so
long as the saiil tribes or bands shall desire the same. The
said patents shall be granted in fee simple; but the lands
shall not be ceded or sold without the consent of the U. S.

Tlie U. S. agree to possess the Cherokees. and to guarantee it to
Ihem forever, of 7,000,000 acres of laiul, to bo liounded as fol-
lows, viz : Kegiuuing at a point ou the old western territorial
liue of Arkausas territory, beginning 25 miles N. from the
point where the territorial line crosses Arkansas river;
thence runniug from said N. point S. on the said territorial
line to the jdace where said territorial line crosses the \'erdi-
gris river; thence down said Verdigris river to the Arkausas
river; thence down said .\rkansas to a point where a stone is
jdaeed oppositi' to the E. or lower bank of Grand river at its
junction with the Arkansas; theuce runuing S. 44^ W. 1 mile;

ROVCE]

CESSIONS OF 1832-1833

745

L^VND CESSIO:N"S-Coutiiiiied.

Jliffloi'icttl data and yi nuirkH

Designation of cession on map

yiimhei'

Location

Au indefinite iclinnuishmeut aln-iidy cuvered liy nmie s|ie(.ilii.-, cc-ssioiis.

See 326, Kansas 2.
327,328.

Tliis' cession, or latlier exchange, was made in order to eftect a unification of
these bands and also to leeuuciki a oouflii-t with the Oherokee concerning
the bonndariea prescrilied by treaty ol' 1828 witli that tribe, and in regard to
which the latter made some concessions by treaty of 1833.

This tract comprised the present reserve of the Shawnee (No. 502); also, the
l)re8ent reserve of the Ottawa (No. 501); the "jiresent reserve of the Modoli
(No. 571), and that portion of the present Peoria, etc, reserve (No. 500) lying
ilirectly S. of the Qnapaw. The Ottawa and I'eoria, etc, tracts were ceded
to them by tlie Seneka and Shawnee, Fel). 23, 1S67.

This tract comprised the jiresent Seneka reserve (No. 499), and the present Wy-
andot reserve (No. 498). The present Wyandot tract was ceded to them by
the Seneka by treaty of Feb. 23, 1867.

The tract of country assigned to the Cherokee by treaty of 1828. was found to
include a portion of ttie country assigned to the Creeks by treaty with the
latter in 1826, and the foregoing modification of the Ixuindaries prescribed
by the treaty of 1828 with the Cherokee was made to adjust that contlict.

See 500, 1
501.504.

See 498,
499.

See 492,
489. J

Indian Territory 2.

746

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF HS^DIA.^^^

Hate

1833

Feb. 11

Where or hnw
concluded

lieferenei

Fort Gibson,
on the Ar-
kansas.

Feb. 11 Fort Gibson..

Stat. L.,
vn,4U

Stat. L.,
VII, 417.

Tribe

Cherokee na-
tion west of
the Missis-
sippi.

Muskogee
Creek.

Ifescrijition of cessiuH or reserration

tlienoi' in n straight lino to a point 4 miles northerly from the
month of tho X. Fork of the Canadian ; thence along tbe said
4 miles line to tlie Canadian; tbenee down the Canadian to
the Arkansas; thence down the Arkansas to that ])i)int on the
Arkausiis wliere tlie eastern Choctaw bonndary .strikes said
river, and running thence with the western line of Arkansas
territory, as now defined, to the S\V. corner of Missouri;
thence along the western Missouri line to the land assigned
the Senecas; thence on the S. line of the Seuccas to Grand
river; thence up sai<l Grand river as far as the S. line of the
Osage reservation, extended if neiessai;,v ; thence up and be-
tween said S. Osage line, extended W. if necessary, and a line
drawn due W. from the point of beginning to a certain dis-
tance W., at which a line running N. and ,S. from said Osage
lino to said due W. line will make 7,0(10.000 acres within the
whole described boundaries. In addition to tbe 7,0(10,000
acres of land thus provided for and bounded, the I'. S. further
gnar.antee ti) the Cherokee nati(ui a j)erpetual outlet W. aiul
a free and unmolested nsl^ of all tbe country lying W. of the
western bonndary of said 7,000,000 acres, as far W. as the
sovereignty <if tbe U. S. and their right of soil extend : Pro-
vided, however, that if tlie saline or salt ]ilain on tbe great
western jirairio sball fall within said limits prescribed for
said outlet, tne right is reserved -to the F. S. to permit other
tribes of red men to get salt on said plain in common with
the Cherokees, and letters patent shall be issued by the U. S.
as soon as jiractieable for tbe land hereby guaranteed.

The Cherokee nation reliminish and (|nitclaim to the II. .'>. all
the right, title, and interest which the Cherokees have or
claim to have in and to all the land ceded orchiinied to have
been ceded to sai<l Cherokee nation by the treaty of May G,
18-V, and not embraced within the limits or boundaries fixed
in this present treaty or agreement.

It is further agreed by the Cherokee nation that 1 mile square
shall he reserved and set apart from the lands guaranteed as
above, for the accommodation of the Cherokee agency, and
the location of the same shall be designated by the Cherokee
nation in conjunction with the agent of the U. S.

The II. S. agree, with the consent of the Creek and Cherokee
delegates, this day obtained, that the Muskogee or Creek
country W.of the Mississip]ii shall be embraced within the
following boundaries, viz: Beginning at the month of the
N, Fork of Canadian river, and run northerly 4 miles;
thence running a straight line so as to meet .a line drawn
from the S. bank of the Arkansas river opposite to the E. or
lower bank of CJrand river, at its junction with the Arkansas,
and which runs a course S. 44^ \V. 1 mile, to a i>ost placed in
the ground; thence along said line to tbe Arkansas, and up
the same and the \'erdigris river to where the old territorial
line crosses it; thence along snid line N. to a ]>oint 2.") miles
from the Arkansas river, where the old territorial line crosses
the same; thence running a line at right angles with the
territorial line aforesaid, or W. to the Mexico line; thence
along the said line southerly to tbe Camidian river, or to the
biiunilary of the Choctaw country ; tbenee down said river
to tbe ])lace of beginning. The lini'S hereliy dclining the
country of the Muskogee Indians on tbe N. and E. bound the
country of the Cherokees along these courses, as settled by
the treaty concluded this day between the V. S. and that
tribe. The U. S. agree to grant the foregoing lands by pat-
ent in.feo simple to the Creek nation so long as they shall
exist as .a nation and continue to occupy the country hereby
assigned them.

It is niutually agreed that the lands assigned to tbe Creek n.a-
tion as above shall be considered the jiroperty of the whole
Creek nation, including those residing E. of the Jlississippi.
It is also agreed that the Seminole IndiausofFloridii, whose
removal is ])rovided fm- by their treaty of Jlay it, 1882, .shall
have a jiernianent home on the lands set apart for the Creeks,

BOYCE]

CESSIONS OK 1833

747

L^V:^D CESSIO]N"S-Coiitiniied.

UtstttrUul diiln and yfmay'ks

Designation of cession on map

Xiimber

Location

This definition of boiiD'laries Tivas made to meet the compromise arranged lie- See 401, Indian Territory 2.
tweeu the Creeks arid the Cherokee coutrrniug their coutiieting claims. 486.487.

For fulfillment of this provision see treaties of Mar. 28. 1833, with the Semi-
nole, and Jan. 4, 1845, and Aug. 7, 1856, with the Creeks and the Seminole
jointly.

748

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF INDI^:^^

Date

1833

Feb. 14

Where or how j^,f,,,„,.

Trihe

Ihficr'qilioii of cession ur resiriation

Fort Gibson.

Fell. 18 , Jlaiiiuee, ( ihio

Mar. 28 Fort Gibsi.u .

Stat. L., Muskogeo or
VII, 417. Creek.

Stat. L., I Ottawa Indi-

VII. 420. j ans residing

on the ludi-

j an reserves

on the Mi-

I ami Ol Lake

Erie and in

the vicinity

thereof.

Stat. L.. Seminole,
vii, 423.

Mav 13

Stat. L., ftuaraw
VII, 424.

Juiif 18

Poi>e*s, Fav-

Stilt. T..,

Appalachicola

ette coniitv,

VII, 427.

band.

Florida ter-

ritory.

Juno 18

Pope's, Fay-
ette county,
Florida ter-
ritory.

Stat. 1..,
vil, 428.

Certain chiefs
in Florida.

and the Seminoles Tvill hereafter be considered a constituent
part of the Creek nation, but are to be located on some part
of the Creek country by tbeuiselves.
It is agreed that the country above provided for the Creeks
shall be taken in lieu of and considered to be the country
provided or intended to be provided by the treaty of Jan.
24, 1826, with the Creeks, for their occupation.

The said Ottawa Indians cede to the U. S. all their land on
either side of the Jliauii river of Lake Erie, or on the iliami
bay. consi-stini;' of tlie two following tracts, viz:

1. A tract of land granted to said Indians by the LT. S. by

the treaty of Sept. 29, 1817, containing 34 scjuare miles,
and to include Tnsh-que-gan, or JlcC'arty's village.

2. A tract of land reserved by the treaty of Nov. 17, 1807,

and described as a tract of 4 miles square on the Miami
bay, including the villages where Meskenian and
Waugan live.

The Semin(de Indians having by treaty of May 0, 1832, relin-
quished their claim to laud in Florida and agreed to emi-
grate to the Creek country W. of the Mississippi river,
and the consent of the Creeks having been obtained th<Teto
by treaty of Feb. 14, 1833. there is therefore designated and
assigned to the Seminole tribe for their se|)arate future resi-
den<'e, forever, a tract within the limits assigned to the
Creeks, and lying between the Canadian river and the north
fork thereof, and extending \V. to where a line running N.
and S. between the main Canadian and N. branch will strike
the forks of Little river, provided said \V. line docs not
extend more than 25 miles W. from the mouth of said Litile
river.

The yuapaw Indians hereby relinquish and convey to the U. S.
all Ibeir right and title to the lands given them by the
Caddo Indians on the liayou Treache of Ked river.

The U. S. agree to convey to the (^Uiajiaw Indians 150 sections
of land \V. of the state line of Missouri and Iietween the
lands of the Senecas and 8hawnees, not ])reviously assigned
to any other tribe of ludiaus, and which is expressly de-
signed to be in lien of their location on Ked river, and to
carry inti>efteet the treaty of 1824, in order to provide a per-
manent home for them. The IT. ,S. agree to convey the same
by jiatent to them and their descendants as long as they
shall exist as ,i nation or continue to reside thereon, and to
protect them in their new residence against all interruption
or disturbance from any other tribe or nation of Indians, or
from any other person or persons ^ hatever.

The Appalachicola band relinquish .ill privileges to which Ihey
are entitled iiuiier treaty of Sept. 18, 182,3, at Camp Moul-
trie, and surrender to the CS. all right, title, and interest
to a reservation of land uiaile for their benefit and described
as commencing on the Appalachicola at a point to include
Yellow Hare's improvements; thence np said river 4 miles;
thence AV. 1 mile; thence southerly to a point 1 mile \V. of
the beginning, and thence E. to the beginning.

The chiefs and warriors parties to this treaty relinquish all
privileges to which they are entitled under the treaty of
Se]it. 18, 1823, and surrender to the C. S. all their right, title,
and interest to a rcservatiiui of Laud made for their bendit
in the additional article of said treaty, and which is de-
scribed as commencing on the Clialtahoochie 1 mile below
Econchatimico's house; thence ui> said river 4 miles; theiici;
1 mile \V.; thence southerly to a point 1 mile W. of the
beginning, and ihence E. to the beginuiug.

CESSIONS OF 1833

749

J^A^^T) CESSIOISrS-Contiiiiied.

Designation of cession on map

Bisloyiral (ht'a and remarks

Xumber

Location

•
182

Ohio (detail).

Tliis i)r()Tislon was cbansed. and l>,v treaty of Jan. 4, 18J.5, with the Creeks
and the Scininoli- jointly it was provided that the latter might settle any-
where in the Creek country.

Thf boundaries of this tiact were never surveyed. It is included within the
limits of the cession subsequently made by the C.addo, July 1, 1835.

The Quapaw, by treaty of Nov. 1."), 1824, ceded all their lands in Arkansas
territory to the I'. .S. and agreed to accept a district witliin the territory of
the Caddo Indians iind to become merged with that tribe. This tract was
on Bayou Treache, on the S. side of Reil river. It w:is so subject to overflow
as to result in much sickness among them and in the destruction of their crops.
The Caddo refused to give them any other location or to incorporate them
into their tribe. The Quapaw therefore returned to their old homes in
Arkansas, where they became a nuisance to the white settlers. This treaty
was made with a view to providing fi>r them and removing them to a
new home. The Quapaw, by treaty of Feb. 23, 1867, ceded for the use of the
Peoria et al. a portion of the foregoing 1.50-sectiou reserve, consisting of a
tract oft' the \V. end of the same, and which is designated on Indian Terri-
tory map Xo. 2 as Xo. 504.

183

See 503,
504. 505

Ohio (detail).

181

Kansas 2,

Indian Territory :

Florida.

185

Florida.

750

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH, ANN. 13

SCHEDULE OF INDIA.^

Date

M here or liow
concluded

1833

Sept. 21 Oto village on
the Platte.

Sept. 26 Chicago, Illi
nois.

Sept. 27 ; Chicago, Illi-
uois.

Oct. 9

Heference

Stat. L.,
VII, 429.

Stat. L.,
vii, 431.

Stat. L.,
VII, 442.

Grand Paw- j Stat. L.,
nee Village \ vii, 448.
on Platte
li ver.

Trihe

Oto and Mis-
souri.

Chippewa, Ot-
tawa, and
Potawatomi.

Chipp ewa,
Ottawa,
and Pota-
watomi.

Confedera ted
Pawnee,
viz: Grand
P awnee ,
Pawnee
Loup,
Pawnee Ke-
p u b 1 leans,
and Paw-
nee Tap -
paye resid-
ing on the
Platte and
loup Fork.

Dencrijition of cession or reservation

The Otoes and Missonria.s cede to the II. R. all their right and
title to tlie lands lying S. of the following line, viz: liegiu-
ning on the Little Neniohaw river at the N\V. corner of the
land reserved hy treaty at l*rairie du Cliien on .July 1,5, 1830,
in favor of certain half-breeds of the Oniahas, lovvays, Otoes,
Yancton, and .Santie bands of .Sioux, and running westerly
with said Little Neniohaw to the head branches of the same;
and thence running in a due W. line as iar W. as said Otoes
and Missourias have or pretend to have any claim.

The united nation of Chippewa, Ottowa, and Potawatanne
Indians cede to the U. S. all their land along the west-
ern shore of Lake Michigan and between this lake and the
laud ceded to the U. S. by the Winnebago nation at the
treaty of Port Armstrong, made on .Sept. 1.5, 1832, bounded
on the N. by the country lately ceded by the Menomineea
.and on the S. by the country ceded .at the treaty of Prairie
du Chien, made on Julv 29, 1829, supposed to contain about
5,000,000 acres.

In part consideration of the .above cession the IT. S. agree to
grant to said Indians a tract of country W. of the Missis-
sippi river, to be assigned to them by the President of the
U. S., to be not less than 5,000,000 acres, and to be located
as follows: Beginning at the month of Boyer's river, on the
E. side of the Missouri river; thence down the said river
to the month of N.audoway river; thence due I-",, to the W.
line of the state of Missouri; thence along the sai<l .state
line to the NW. corner of the state; thence E. along the
s.aid state line to the point where it is intei'sected by the
western boundary line of the Sacs and Foxes, thence N.
along the said line of the Sacs and Foxes, so far as that
when a straight line shall be run therefrom to the month
of Boyer s river (the place of beginning) it shall include
5,000,000 acres.

The U. S. agree to pay $2,000 to AV.au-pon-eh-see and his band

for the 5 sections of land reserved to them by treaty of July

29, 1829.
The U. S. agree to pay .$1,500 to Awn-kote .and his band for the

4 sections of land reserved to them by treaty of .July 29,

1829.

The said Indians cede to the II. S. all their land situate in the
territory of Michigan .S. of Orand river, being the reserva-
tion at Notawasepe, of 4 miles siiuare, contained in thethiid
clause of the second article of the treaty made at Chicago
on Aug. 29, 1821.

The said Indians further cede the reservation of 99 sections of
laud described in the treatv made at St Josejih on Sept. 19,
1827.

The said Indians .also cede to the U. S. the tract of land on
St .Joseph river opposite the town of Niles, and extending to
the line of the stale of Indiana, on which the villages of
To pe-ne-bee and Pokag'on are situated, supposed to contain
about 49 sections.

TheConfeder.ated bands of Pawnees aforesaid cede to theU. S.
all their right and title in and to all the land lying S. of the
Platte river.

IIOYCE]

CESSIONS OP 1833

751

L^INTD CESSI0:N'S— Continued.

Their flnim was very iuiletinite, Imt from A. Chouteau's uiajj of 181C andsubse-
qucut maps it does not apjiear that their claim extended S. of Great Nemaha
river.

The boundaries of this tract were altered by resolution of the V. S. Senate
while tliat body had tlie approval of the treaty under consideration, which
resolution bore date of -May 2l', LS34. The Indians did not consent to this
nioditication in strict conformity with tlie resolution of the Senate, but
under date of Oct. 1, 1834, still further cliaiii;e<l the boundaries so as to read
as follows: Bejfinuing at the mouth of lioycr s river; thence down the Mis-
souri river to a point thereon from which a due E. lino would strike the NW.
corner of the state of Missoviri ; thence along the said E. line to the NW. cor-
ner of said state; thence along the northern boundary line of Missouri till
it strikes the line of the lands of the Sac and Fox Indians; thence north-
wardly along said line to a poiut from which a W. line woubl strike the
sources of the Little Sioux ri\ er; thence along said W. line till it strikes the
said sourcesofsiiid river; thence down said river to its mouth; thence down
the Jlissouri river to the beginning, provided the said boundary shall con-
tain .5, 000,000 acres; but should it conlain more, then said boundaries are
to V)e correspondingly reduced. This ihange of boundaries was approved
by the Senate. The tract thus bouiulcd was ceded to the U, S. by treaty of
.June 5 and 17, 1846.

Boundaries not ascertained.

Boundaries not ascertained.

1 1

186

Nebraska.

187 Wisconsin 1. Illinois

•J

See 265

Iowa 2.

188

Michigan 1.

]S9 I Michigan 2.

1!10 Jlichigan 1.

191

Kansas 1, Nebraska.

752

INDIAN LAND CESSIONS IN THE UNITED STATES

[liTH. AXX. 18

SCHEDULE OF INDI^V>s^

Bate

1834
May 24

jrhere or hoir
concluded

Washington,
D.C.

Eeference

Stat. L.,
VII, 450.

Trihe

Oct. 23

Chickasaw

Dec. 1

Forks of tlio
Wabash, in
theStiiteof
Indiana.

Stat. L.,
VII, 463.

Miami.

Description of ce>!sion or rexenution

Lako Max oe-
u i e - k n e -
kpe.in .Stiito
of luiliana.

Stat. L.,
VII, 467.

P 1 a w atomi
( C m z a's

band).

The Chickaeaws so far have been iinsnccpBsfiil in finding a
country W. of the Mississippi adapted to their wants ; slioiild
they snceeed, liowever, the U. S. agree to protect ;iiid delend
them against nil intrusions from Indians or whites, and
agree not to include them within the limits of anj' state or
territory.

By the sixth article of the treaty of Oct. 19, 1818, with the
Chiekasaws. it was provided that a eommissioner should be
ajipointed to rnarlc the southern boundary of the tract ceded
by tliat treaty. It is now agreed that tlie line which was
Tun and m.irked on the jiart of the U. S. by the commissioner
appointed in pursuance of said treaty shall be considered the
true line to tlie extent that the rights and interests of the
Chiekasaws .are concerned .ind no farther.

The Chickasaw nation desire to close tiually all the business
they have on the E. side of the Mississijipi, and they there-
fore cede to the V. S. >a tract of laud of 4 miles square,
reserved to them bv the fourth article of the treaty of Oct.
19, 1818.

The Miami tribe of Indians agree to cede to tlie U. S. the fol-
lowing-described tracts of laud within the state of Indiana,
being a part of reservations made to said tribe from former
cessions, viz:

1. One tract of 36 sections at Flat Belly's village, a reserve

made liy the treaty of AVabash of 1826.

2. One tract of land about 23,(100 acres, more or less, a re-

serve made at Wabash treaty, in 1826, of ,"> miles iu
' length on the Wabash river, extending back to Eel

river.

3. One tract of 10 sections at White Raccoon's village,

reseryed at Wabash treaty of lS2(i.

4. One tract of 10 sections at Jlud creek, on Eel river,

reserved by treaty of 1826.

5. One reserve of 2 miles square on the Salamany river at

the mouth of At-che-pong-qua creek, a reserve made
at the treaty of St Mary's in 1818.

6. One tract, being a portion of the 10-mile square reserve

made at the treaty of St JIary's of 1X18, opposite the
mouth of the river Abontte, coinuieuciug at the NK.
corner of said reserve, tlieuce S. with the eastern
boundary of thesMine lOniiles to the? SE. coruei of the
reserve; thence W. with the soutbern boundary 1
mile; thence N. 9 miles; thence W. 9 miles; thence N.
1 mile to the N\V. corner of said reserve; thence to the
]ilaee of beginning.

7. Also a ]iortiou of their big reserve made at the treaty

of St Mary's of 1818. situated SIC. of the ^Valiasli, ex-
tending along the Wabash river from the mouth of
Salamany river to the mouth of Eel river. 'I'be part
now ceded shall be embraced within the following
bounds, to wit: Comuieucing on the W:ibasli river,
ojiiiosite the mouth of Eel river; ruiuiiug up said
Wabashriver S miles; thence S. 2 miles; theiico west-
wardly 1 mile; thence S. to the southern boundary of
said reserve; thence along said boundary line 7 miles
to the SW. corner; thence northerly with the western
boundary line to the place of begimiing.
It is agreed that a patent in fee simple shall bo issued by the
President ol the H. S. to .lohn H. Kich.irdville, priiicijial
chief of the Miami tribe, for a reserve of ID sections at the
forks of the Wabash, made to said tribe by treaty of Oct.
23, 1826.

Com-o-zaand his band cede to the U. S. the 2 sections of land
reserved for them by the second article of the treaty between
the U. S. and the I'otawattamie Indians on Tippecanoe river
on Oct. 26, 1832.

CESSIONS OF 1834

753

L^]SrD CESSIO]S^S-Contin^led.

Designation of cession on map

Historical data and remarJ.'s

I Xumbcr

See Cliiokasaw treaty, .Tune 22, 1852. It appears fmiii the records of theGeiieral
LanilOftice that no location nor plats giviuj; evidence of the location of this
reserve were ever returned to that oHice. .'^hortly after the treaty of 1818 it
was leased by the Chickasaw to Hohert 1'. Ciirrin for 199 years. Several
eltorts were made by the lessees to manufacture salt, but they resulted unprofit-
ablv an<l were abandoned.

Location

193

1

VXi

Indiana (detail)

191

195

196

Indiana.

197

Indiana (detail)

198

Indiana.

Fro)ii the foregoing
vidiKils.

essions the U. S. gi anted 221 sections of land to indi-

199 i Indiana (detail).

This cession having occurred iirior fo the extension of the public surveys over
this region, the reserve of Comoza was never tlelinitelv located.

754

INDIAN LAND CESSIONS IN THE UNITED STATES

[El H. ANN. 18

SCHEDULE OF I^DIA.>r

Date

1834
Dec. 10

Dec. It)

Dec. 17

1835
Julv 1

IVIieie or how „ .
coHduded Hejeretice

CiiuipoiiTip-
j) e c a n o e
river, in
State of lu-
diaua.

Stat. L.,
Ml, 4(57.

I'otawattiuiie ; Stat.
Mills, in VII,
State of In-
diana.

L.,
ItiS.

Trihc

Descriplioii of i-tstiUm or rtNtrration

Logausport,
ludiaua.

Stat. L.,
Ml, 409.

Caddo asency Stat. L.,
in State of vii, 470.
Loiiisiauu. i

Dec. 29

New Echota,
Georgia.

Stat. L.,
VII, 478.

Potawatomi This V>anil cede to tlie U. S. t! st'ctioiis of laud reserved for

(Mau-ke- tlum by the si-oimd article of the treaty lietweiu the U. S.

kose or and the rotawattamic ludiaus ou Tiiipeiauoe river, Oit.

MuckKose's 1'6, 1831'.
band).

Potawatomi . . Cede to the U. S. their title and interest to a reservation made
to them at the treaty on the Tipi)e(anoe river ou (.>ct. L'7,
1832, of 2 sections of laud, to iuchule their mills ou said
river.

Potawato- Mota and his band cede to the C S. the 4 sections of land re-
mi (Mela's Berved for them by the second article of the treaty between
bandl. the U. S. aud the Potawattamie ludiaus on Oct. 27, 1832.

Caddo Said nation agree to cede to the U. 8. all their land contained

in the following Vioundaries.'to wit: Hounded ou the W. by
the N. and 8. line which separates the V!. 8. from Mexico
between the .'^aliino aud Ked rivers wheresoever the same
shall be detiued aud acliuowledijed to be by the two govern-
ineuts. Ou the N. aud E. by the Ked river Irom the )ioiut
where the said N. and 8. bmindary line shall intersect the
Red river, whether it be in the territory of Arkansas or the
state of Louisiana, following tlie meanders of said river
down to itsjnncliou with the I'ascagonla bayou. Ou the S.
by the said I'ascagonla bayon to its junctiou w ith the liayou
Pierre; by said bayou to its .jiuution with liayou Wallace;
by said bayou aud Lake Wallace to the mouth of the
Cypress bayou; thence up said bayou to the ]ioiut of its
iulerseetiou with the tirst meuticiued N. aud .8. line fbllow-
iug the meanders of the said water courses; but if the said
Cypress bayou be not clearly deliuable, so far then from a
])oiut which shall be definable by a line due W. till it inter-
sect the said tirst mentioned N. and 8. boundary line, be the
contents of laud within said boundaries more or less. Tho
said Cuddos further agree to remove at their own cxpeuse
wilhiu one year outside the boundaries of the U. 8. aud
territories aud to never more return to settle or establish
themselves w ithin the same as a uatiou or tribe.

Cherokee The Cherokee uatiou cede to the C 8. all the lauds owned,

elainied or possessed by them E. of the Mississijipi river, and
agree to remo\ e W. of that river.

The Cherokees fearing that the laud granted to them by the
U. S. as described in the treaties ot May G. 1S28, aud Feb.
14. 1833, will jirove insufficient for the accommodation of
their whole nation, the U. 8. therefore agree to loiivey to
the said Indians aud their descendants, by iiatiut in fee
simple, the following additional tract of land situated
^ betwoeu the W. hue of the state of .Missouri and the Osage
reservation, beginning at the SE. corner of the same and
runs N. along the E. line of the C^sage lands 50 miles to the
NE. corner thereof; aud thence E. to the W. line of the state
of Missouri; thence with said line 8. 50 uiiles; thence W. to
tlie place of beginning, estiuiated to contain 800,000 acres,
lint It is expressly understood that if any of the lauds
a-ssigued the Ouapaws shall tail within the aforesaid bounds
the same shall be reserved and excepted out of the lands
above granted aud a ]iio rata reduction shall be uiaile in the
pr'ce to be allowed to the V. 8. for the same by the Chero-
kees. which ]irice it is agreed shall be $500,000.

It is agreed that the military reservation at Fort Gibson shall
be held by the l'. 8., but should the f. 8. aliaudou said post
and have no further use for the same, it shall revert to the
Cherokee nation.

The I'. 8. agr<e to extinguish for the benefit of the Cherokees
the titles to the reservations within their country made in
tlie Osage treatv of 1825 to certain halt breeds.

BOYCE]

CESSIONS OF 1834-1835

<yo

L^ND CESSIONS-Continned.

IJietoiical data and remarks

DeaUjnatioH of ceiision on'maj)

yumber

Location

200

ludiatiu (detail).

I

This reserve was never definitely located, for the reason that the puhlic sur-
veys were not extended over this region until after the foregoing cession was
made. The Uiills were located iu sec. 9, T. 30, K. 3 E., on Mauitou lake.

201

202

Indiana (detail).

Arkansas 1, Louisi-
ana.

This is the tract commonly known as the Cherokee Neutral Laud. It was ceded
in trust to the U. S. by treaty of July 19, 186G, with the condition that it
should be sold for the benefit of the Cherokee.

203

See 490

Alabama, Georgia,
Tennessee and bor-
dering .States.

Kansas 2.

756

INDIAN LAND CESSIONS IN THE UNITED STATES

LETH. ANN. 18

SCHEI3XJLE OF INDI^I^

Bate

1836
Mar. -M

Mar. 28

Where or hotv j, /. .-r -j

, , , iicfccewc)' Tribe

CO II eluded

Uesrriptioii of crssion or rescrvulion

Turkey Creek
Prairie,
State of
ludiuiia.

Waahiugton,
D.C.

Stat. L., Potawatomi | The foregoing chief ami his l)anil code to the V. S. the 4 sec-
> II, 490. (Mesquaw- tions of laiitl reservi-d for tUt-m by the secoud article of the
buck's band). treaty of Oct. 27, 1832, ou Tippecauoe river, but two of the
sections were reserved for the use of Henry Ossum.

Stat. L., ' Ottawa and The Ottawa and Chippewa nations of Indians cede to the U.
VII, 491. Chippewa. •'^. all the tract of country within the following boundaries:

Beginniug at the mouth of Oran<l river of Lake Michigan
on the X. bank thereof and following uj) the same to the line
called for iu the tir.st article of the treaty of Chicago of Aug.
29, 1821; thence iu a direct liue to the head of Thunder Bay
river; thence with the line established by the treaty of
Sagauaw of Sept. 24, 1819, to the month of said river; thence
NE. to the boundary line in Lake Huron between the U. S.
and the British province of Upper Canada; thence north-
westwardly following the said line as established by the
commissioners acting under the treaty of Ghent, through the
.•straits, and river St Mary's to a point in Lake Sujierior N.
of the month of (iitchy Seebing or Chocolate river; thence
S. to the mouth of said river and up its ihannel to the source
thereof; theme in a direct line to the head of the Skouawba
^iver of Green ba.v; thence down the S. bank of said river
to its mouth; thence in a direct line through the ship chan-
nel into Green bav to the outer part thereof; thence S. to a
point iu Lake Michigan \V. of the North cape or entrance
of Grand river, and thence E. to the place of beginning at
the cai>e aforesaid, couijireheuding all the lauds and islands
within these limits not hereinafter reserved.
From the foregoing cessiou said tribes reserve for their own
use, to be held in comuion, the following tracts for the term
of five years and no longer except by permission of the II. S. :

1. One tract of 50,000 acres to be located on Little Trav-
erse bay.

2. One tract of 20,000 acres to be located on the N. shore
of Grand Traverse bay.

3. One tract of 70,000 acres to be located on or N. of the
Pieire Marquetta river.

4. One tract of 1,000 acres to be located by Chingassanoo
or the Big Sail, on the Cheboigau.

5. One tract of 1,000 acres to be located by Mujeekewis,
on Thunder Bay river.

There shall also lie reserved for the Chijipewas living N. of
the straits of Michilimackinac the following tracts, viz:

1. One tract of 3 miles square ou the N. shore of said
straits betweeu I'oint-au-Barlie and Mille Cocjnin
river, iucluiliug the lishiug grounds in front thereof.

2. One tract of 3 miles sipiare ou the N. shore of said
straits between I'oint-au-Barbo and Mille Co<inin
river, including the lishiug grounds in front thereof.

3. The Beaver islands of Lake Michigan for the use of
the Beaver Island Indians.

4. Round island opposite Michilimackinac as a place of
encampment for the Indians.

5. The islands of the Chenos with a part of the adjacent
N. coast of Lake Huron corresponding in length and
1 mile in depth.

6. Sugar island, with its islets, in the river of St Mary's..

7. Six hun<lred and forty acres at the mission of the Lit-
tle Kapids.

8. A tract coumiencing at the month of Pississowining
river, S. of Point Iroquois; thence running up said
stream to its forks; thence westward in a direct line
to the Red Water lakes ; thence across the portage to
the Tacquimenon river and down the same to its
mouth, including the small islands and tishing
grounds in front of this reservation.

9. Six hundred and forty acres on (Jrand island

10. Two thousand acres on the inainlaml S. of Grand island.

11. Two sections on the northern extremity of Green bay,
to be located by a council of chiefs.

CESSIONS OF 1836

757

LA.I^^r) CESSIONB-Contiiiued.

Historical (lata and remarks

Designation of cession on map

Xnmher

Location

L'Ul Inili;iu;i (detail).

This cession overla^js the Chippewa cessiou l)y treaty of Sept. L'4, 1819.

The general uote below applies to this reserve.

Surveyed in 1840. It comprised fractional Tps. 28, 20, and SO N., R. 10 W., and
continued to be occnpied as an Indian reservation until the reserves contem-
plated by treaty of .July 31, 18.55, were designated.

Surveyed in 1840 on Manistee river and occupied as a reservation until 1848.
when it was sold.

205

206

207

General Note.— After the selection by Mr Schoolcraft of the 20,000 and
70,000 acre reserves under this treaty, he was advised that the U. S. might
conclude to allow the Indians to remain on the other reserves after the expi-
ration of the live years. He was therefore instructed, Nov. 5, 1840, that the
boundaries of all the reserves under this treaty ought to be nuirked. Aug.
23, 1844, the Indian Office advised the General Laud Office that these reserves
ought uot to l>e surveyed as public lands, the ludians having been tacitly
allowed to remain thereon since the treaty.

In 1845 the assent of the Indians was obtained for the extension of the public
surveys over these reserves, but no detiuite boundaries were marked out for
them.

As late as June 7, 1850, the Indian Office notified the General Land Office that
the Indians still occupied these tracts and the latter must not be ottered for
sale as public lauds. This state of atiairs, in fact, continued until other jiro-
visiou was made by the treaty of 1855.

Michigan 1.

Michigan 1.
Michigan 1

758

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. A.\.\. 18

SCHEDULE OF INDI^^

Date "''"•'■ "'•/f''' Eeferenre 1 Tribe

■^ concluded ■'

Ilcscy'qitiuii of citiMon or reserratlon

1836

Mar. 2fi

5Iar. 29

Apr. 11

Wasbiuj
D. C.

ton,

Tippecanoe
river in
State of In-
diana.

Tippecanoe
river in
State of In-
diana.

Apr. 22 Indian afjen-
cy in State.
of Indiana.

Apr. 22

Indian agen-
cy in State
of Indiana.

Apr. 23 Not stated...

May

9 Washington,
D.C.

Stat. L.,
VII, 491.

Stat. L.,
VII, 498.

Stat. L.,
VII, 499.

Stat. L.,
VII, SOU.

Stat. L.,
VII, 501.

Stat. L.,
VII, 502.

Stat. L.,
VII, 503.

Ottawa and
Chippewa.

Potawatomi
(band of
W au-k 6-
w a, C h e -
kose's only
son).

Potawatomi
( Aub-ba-
naub-ba's
band, by
Pau- koo-
shuck, his
oldest son.)

Potaw a 1 m i
( bands of
- k a h -
m a u s e ,
Kee-waw-
nay, Nee-
bosh, and
Mah - che -
saw).

Potawatomi
(bands of
Nas- waw-
ke e and
Quash-
quaw).

Wyandot
tribe in
Ohio.

Swan - creek
and Black-
river bards
of the Chip-
pewa na-
tion resid-
ingin Mich-
igan.

It is understood tli.at the reservation for a plaee of fishinj; and
eneauiiMiient made under the treaty of St Mary's of June 16,
1X20. rtinaius uiiatleeled by this treaty.

It is agreed tb;it as soon as the said Indians desire it, a depu-
tation shnll lie sent to the AV. of the Mississippi river, and to
the country between Lake Superior and the Mississippi, to
select a suitable place for the hual settlement of said Indi-
ans, which the U. S. will forever guarantee and secure to said
Indians. '

The said chief anil his band cede to the L. S. the 4 sections of
bind reserved for them by the second article of the treaty
of Oct. 27, lf*32.

I'au-koo-shuck, the chief, and the head men of Aub-ba-nanb-
ba's liaud cede to the IJ. S. the i;6 sections of land reserved
for them by the second article of the treaty on Tippecanoe
river, on Oct. 26, 1832.

The abovenauied I'an-koo shuck and his band agree to remove
to the country W. of the Mississi|)pi river ])rovided for the
Pottawatiiniie nation by the U. S. within two years.

The foregoing chiefs and their bauds cede to the U. S. the fol-
lowing lauds, viz:

1. Eight sections of land reserved for the bands of 0-kaw-

mause, Kee-waw-uay, and Nee-bosh by the treaty of
Oct. 2t), 1832.

2. Two sections of land reserved for the band of Mah-che-

saw by the treaty of Oct. 26, 1832.
The above-named bands agree to remove to the country W. of
the Mississii)pi river provided by the U. S. for the I'otawat-
tamie nation w ithiu two years.

The foregoing bands cede to the U. S. 3 sections of land reserved
for them by tlic second article of the treaty eoncluiled on
Tijipecanoe river, Oct. 26, 1832.

The foregoing bands agree to give possession of said 3 sections
of lands and to remove to the country \V. of the Mississippi
ri\er ]irovided by the U. S. for the Potawattamie nation
within two years.

The Wyandot tribe of Indians iu Ohio cede to the U. S. a stri))
of laud 5 miles iu extent on the E. end of their reservation
in L'lawlbrd county in said state.

Said tribe also cede 1 section of laud lying in Cranberry
swam]!, on lirokeu Sword creek, being the 1 mile si|u:ire
spccilied and set forth iu the treaty made with said tribe
Sept. 29, 1817.

Said tribe also cede 160 acres of land, which is to be received
in the place and stead of an equal (|uantity set apart in a
supplemental treaty with said Indians .Sept. 17, 1818.

The Swan-creek and Black-river bands of Chippewas cede to
the U. S. the following tracts, reserved for them by treaty of
Nov. 17, 1807, viz:

1. One tract of 3 miles square, or ."i, 760 acres, <in Swan

creek, of Lake St Clair.

2. One tract of IJ sections near Salt creek of said lake.

S. flue tract of one-fourth of a section at the mouth of the
river Au Va.seau, contiguous to tlie ))receding cession.
1. ( )ne tract of 2 sections near the mouth of lilack river, of
the Kiver St Clair.
The r. S. agree to furnish said Indians 8.320 acres, or 13 sec-
tions, of laud W. of the ilississijipi or NW. of St Anthony's
falls, to bo located by an agent or oflicer of the Uovern-
uicut.

CESSIONS OF 1836

759

L^A.ND CESSIOlSrS-Coiitiiiiied.

Ht>.ioiit(il lUila unti fi-ntarh'S

Dcaignaliou of cession on map

Xnmbef

Location

208 Iiuliana (detail).

Boundaries not aBcertained.
Konudarics not ascertained.

This reserve comiirised sec. 35, T. 1 S., R. 17

209 Indiana (detail).

210 Indiana (detail).

211 ~1
212

> Ohio (detail).

This reserve comprised the XE. } of sec. 2, T. 2 S., R. 17. The exchange was 213

made iu puranance of an act of Congress approved May 26, 1824.

214 1

This tract really contained only 534 acres. See remarks under treaty of Nov. ^ 215 |

17, 1S07. " ! ! Michigan 1.

This tract reallv contained 262.7 acres. See remarks under treaty of Nov. ] 216 ;
17. 1807. ■ ! I

This tract really contained onlv 1,200 acres. See remarks under treaty of Nov. 217 J
17. 1807. ■■ i

; See 417, 418 Kansas 2.

IS ETH, PT 2 16

7(J0

INDIAN LAND CESSIONS IN THE UNITED STATES

|ETH. ANX. 18

SCHEDULE OF lis DI^IST

IhlU

1836

Auo;. 5

Itliere or how
concluded

Yellow river,
Indiana.

Reference

Stat. L.J

VII, 505

Sept. 3

Cedar Point,
o n F o X
liver, near
Green bay,
in Wiscon-
sin terri-
torv.

Stat. L.,
vn, 506i

Desnipt'ion of rcsaio)! or re«i rvtitioii

Potaw a 1 m i
(bands of
Pe - pin - a -
waw, No-
taw-kah,
and Mao-
kah-tah-
mo-ah).

Uenomini . . . .

Sept. 10

Stat. L.;,

VII, old.

Sept. 17

Fort Leaven-
worth, on
Missouri
river.

Stat, hi,
VII, 51]j.

Sioux of Wa-

ba-shaw's
tribe.

Iowa tribe
and the
band of
Sauk and
Fox of the
Missouri
(residing
W. of the
state of Mis-
souri).

The foregoinc; hands cede to the U. S. 22 sections of land
reserved for them by the second article of the treaty between
the U. S. and the I'otawattamie tribe of Indians on Tipjie-
canoe river on Oct. 26, 1832.

The said Jlenomouie nation agree to cede to the V. S. all of
that tract or district of country included within the follow-
ing boundaries, viz : Beginning at the mouth of Wolf river and
ruuniug up and along the same to a jiointou the N. branch of
said river, where it crosses the extreme N. or rear line of the
500,000-acre tract heretofore granted to the New York
-Indians; thence following the line last mentioned in a
northeastwardly direction 3 miles; thence in a northwardly
course to the upper forks of the Menomonie river, at a point
to intersect the boundary line between the Menomonie and
Chippewa nation of Indians; thence following the said
boundary line last mentioned in an castwardly direction as
defined and established by the treaty of tlie Little Bute des
Mort in 1827, to the Smooth Koek or Shos-kin anbie river;
thence down the said river to where it empties into tireeu
bay, between the Little and Great Bay deNoquet; thence
up and along the W. side of Green Bay (and including all
the islands therein not heretofore ceded) to the mouth of Fox
river; thence up and along the said Fox river and along the
W. side of Winnebago lake (including the islands therein ) to
the mouth of Fox river, where it empties into said lake;
thence up and along said Fox riverto the ])lace of beginning
(saving and ri'serving out of the district of country aliove
ceded and described all that ]iart of the 500,000-acro tract
granted by the treaties between the Meuomonies and the
U. S. made on Feb. 8, 1831, and Oct. 27, 1832, which may be
situated witliin the boundaries hereinliefore described), the
quantity of land contained in the tract hereb.y ceded being
estimated at about 4,000.000 acres.

The said Menomonie nation also cede to the V. S. all that tract
of country lying uiion the Wisconsin river in said territor,\',
and included within the following lioundaries, viz: Begin-
ning at a jioint uixui said Wisconsin river 2 miles above tlie
grant or privilege heretofore granted by said nation and the
U. S. to Amable Griguon; thence running up and along said
river 48 miles in a direct line; and being 3 miles in width
on each side of said river; this tract to contain 8 townships,
or 184,320 acres.

The said tribe cede to the U. S. and quit ilaim all right and
interest in and to the lands lying between tlie state of
Missouri and the Missouri river, and do fully exonerate the
U. S. from any guarantee, condition, or limitation, expressed
or implied, under the treaty of Prairie du Chien conclude<l
July 15, 1830, as to the entire and absolute disposition of
said lauds, fully authorizing the U. S. to do with the same
whatever shall seem expedient or necessary.

The said Indians cede to the U. S. and quit claim all right and
interest in and fo the lands lying between the state of Mis-
souri and the Missouri river, and do fully exonerate tl.e V. S.
from any guarantee, condition, or limitatimi, I'xpressed or
implied, under the treaty of Prairie dn Chien lonclnded
.Inly l."i, 1830, as to the entire and absolute disposition of
said lands, fully authorizing the V. S. to do with the same
whatever shall seem expedient or necessary.

The r. .'^. agree to assign to the loway tribe and Missouri band
of .^aeks and Foxes the smimU strip of himl on the .'^. side of
thi^ Missouri river l.ving between the Kickajioo northern
boundary line and the (irand Nemahar river, and extending
from the Missouri back and westwardly with the said Kiek-
apoo line and the Grand Nemahar, making 400 sections to be
divided between the said loways and Missouri band of
Sacks and Foxes, tlie lower half to the Sacks and Foxes
and the upper half to the loways.

ROYCEJ

CESSIONS OF 1836

761

LA.ISrD CESSIONS— Gontinned.

Historical data and remarks

Deaignaliou of cession on map

Number

Location

This tract was coveretl by ;i previous cessiou by tlie Osage bv treaty of Nov.
10, 1808.

This tract was covered bv a previous cession bv the Osage bv treaty of Nov. ■ See323, 428,
10, 1808. ■ ' ' " i 429, 430,

324.

218 ludiaiia (detail).

219

Michigan 1, Wiscon-
sin 1.

220 I Wisconsin 1.

Kansas 2.

762

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. AXN. 18

SCHEDULE OF I^DI^^

Date

Sept. 22

Sept. '23

Sept. 27

Sept. 28

Oct. !.->

Where or how
concluded

Reference

Tribe

1836 j

Sept. 20 j

Chippewana-
iiDg, Indi-
ana.

Cliippewan.a-
ung, Indi-
ana.

Chippewana-
uu"-, Indi-

On the riglit
bank ot tlie
Mississii>pi
river in the
county of
Dob nf| n o
and territo-
ry of Wis-
con.siii, op-
posite Rock
Island.

li e 1 lev 11 e,
Upper jMis-
Kouri.

Stat. L.,
VII, 513.

Stat. L.,
VII, .514.

Stat. L.,
VII, 515.

Stat. L.,
VII, 516.

Potawa to -
mi, bands
of To-i-sa's
brother Me-
mat-wa y
and Che-
quaw-ka-ko.

Potawatomi
M a- s a c ' s ,
band.

Potawatomi .

Sauk and Fox .

Stat. L.,
VII, 517.

Sauk and Fox.

Stat. L.,
VII, 524. ;

Oto, Missouri,
Omaha, and
Yankton
and Santee
bands of
Sioux.

Ifescriplion of cession or resfriaiioii

The foregoing Indians cede to the I'. .'^. 10 sections of land

reserved for them by the second article of the treaty of Oct.

27, 1832.
The said chiefs and their bau<l agree to remove to the conntry

W. of the Mississip)!! river ]>rovidcd for the Potawattamie

nation l>y the U. .S. within two years.

The foregoing chief and his liand ccdo to the U. S. 4 sections

of land reserved for him and his band by the second article

of the treaty of Oct. 27, 1832.
The said chief and his band agree to remove to the conntry

W. of the Mississippi river provided for the Potawattimie

nation by the U, S. within two years.

The chiefs, headmen, and warriors of the Patawattamies of
the Wabash cede to the U. S. all the land belonging to said
tribe in the state of Indiana and designated in the treaty of
1832 as reservations for tlie use of the I'ollowing bands, viz :

1. For the baud of Kiu-krash, 4 sections

2. For the band of Che-chaw-lvose, 10 sections

3. For the band of Ash-kum and Wee-si-o-nas, 16 sections .

4. For the band of We-saw, 4 sections

5. For the band of Mo-ta, 4 sections

0. For the bands of Mi-no-qni't, 4 sections

The said chiefs, headmen, and warriors of the Patavrattamies
of the Wabash agree to renM>vc to the country W. of the
Mississippi river provided for the Patawattamie nation by
the U. S. within two years.

The said Indians cede and quitclaim to the U. S. all right and
interest in and to the lands lying between the state of Mis-
souri and the Missouri river and do fully exonerate the I'. S.
i'roni any guarantee, condition, or limitation, expressed or
implied, under the treaty of Prairie du t'hicii, concluded Jnly
15, 1830, as to the entire and al>soIute disposition of said lands,
fully authorizing the U. .S. to do with the same whatever
shall seem expedient or necessary.

The confederated tribes of Sacs and Foxes cede to the U. S. the
reservation of 400 sections of land made to the Sacs and
Foxes liy the secon<I article of tlie treaty of Sept. 21, 1832,
as the same has been surveyed and laid oft' by order of the
President of the U. 8.

The loway Indians having set up a claim to apart of the lauds
ceded by this treaty, it is provided that the President of the
U. S. shall cause the validity and extent of said claim to be
ascertained and upon a reliiKiuishnient thereof to the U. S.
to cause a fair value to be jiaid to said loways therefor, and
to deduct such amount from the consideration agreed to be
paid to the Sacs and Foxes.

The said confederated tribes of Sac and Fox Indians agree to
l■emov^^ Iroiu the lands ceded by this treaty by the 1st day
of Nov., 1831), and it is ex|iressly agreed that no band or
party of said tribe shall plant, lish, or hunt on any portion of
said ceded country after the date mentioned.

The said Indians cede and quitclaim to the U. S. all right and
interest in and to the lands lying between the state of Mis-
souri and the Missouri river and S. of a line running due W.
from the N\V. corner of the state to the Jlissouri river, and
do fully exonerate the U. 8. from any guarantee, condition,
or limitation, expressed or implied, underthotreaty of Prairie
du Chieu, concluded .Inly 15, 1830, as to the entire and abso-
lute disposition of said lauds.

CESSIONS OF 1836

763

L^INTD CESSIO:^^S-ContiuiTed.

Historical daUi anil remarks

The tract as shown on the map in<*lndes the cession <il'Se]tt. 20, 1836.

The tract as shown on the map also inchidis the tract ceded Ijy Mi-no-quet
and his band by this treaty.

This cession oyerlaps tlie cession of 10 sections at Mud creek on Eel river by

treaty of Oct. 23, 1831, with the Miami.
This cession oyerlaps the cession of 10 sections at Muil creeli on Eel river by

treaty of Oct. 23, 1831, with the Miami.

Previously ceded by treaty of Dec. 17, 1834

This tract is included within the cession made by Kin-krash and his band by

this treaty.

This cession is covered b\' the jtrevious cession hv the Oaage in treaty of Nov.
10, 1808.

This cession is covered bv the previous cession liy tlie Osage in treaty of Nov.
10, 1808.

Designation of cession on map

Number

Location

221

See 221

222

223
224

225

See 201
See 222

226

Indiana (detail).

Iowa 1.

764

INDIAN LAND CESSIONS IN THE UNITED STATES

[EIH. ANN. 18

SCHEDULE OE ITsT^r)IA.N

Date

Where or lioiv
concluded

Reference

1836

Nov. 30

Stat. L.,
VII, 527.

1837

Jan. 11

Detroit, Mich-
igan.

Stat. L.,
VII, 528.

Wahpek u t a ,
Siss e t on
and Upper
M edewa-
lc a n t on
tribes of
Sioux.

Saginaw tribe
of the Chip-
p e w a n a-
tion.

Jan. 17

Doaksville
near Fort
Toweon in
Choctaw
country.

Stat. L.,
VII, 605.

Choctaw and
Chickasaw.

J)etycrii>tion of ccn^'wii or remrvation

The said Indians cede and i|nitclaim to tho U. S. all right and
iutirest in and to the lands l.yiny; between the .state of Mis-
souri and the Missouri river and do fully exonerate the U. .S.
from any guarauter, condition, or limitation, expressed or
implied, underthe treaty of Prairie dii Chien. concluded .July
15, 1X30, as to tlie eutire and absolute disposition of said lands,
fully authorizing the U. S. to do with the same whatever
shall seem expedient or necessary.

The said tribe cede to the U. S. the following tracts of land
lyiug within the boundaries of Michigan, viz:
1. One tract of 8.000 acres on the river An Sable.

2. One tract of 2,000 acres on the Misho-wusk or Rifle river.

3. One tract of 6,000 acres on the N. side of the river Kaw-

kawling.

4. One tract of 5,760 acres upon Flint river, including the

site of Reaums village and a place called Kishkaw-
Ijawee.

5. One tract of 8,000 acres on the head of the Cass (form-

erly Huron) river, at the village of Otusaon.

6. One island in the Saganaw bay, estiuuited at 1,000 acres,

being the island called Shaiugwaukokaug, on whicli
Mukokoosh formerly lived.

7. One tract of 2,000 acres at Nababish on the Saganaw

river.
X. One tract of 1,000 acres on the K. side i>f the Saganaw

river.
!l. One tract of 640 acres at Great Bend on Cass river.

10. One tract of 2,000 acres at the mouth of Point Augrais

river.

11. One tract of 1,000 acres on the Cass river at Menoquet's

village.

12. One tract of 10,000 acres on the Shiawassee river at

Ketchewaundanguinink or Rig Lick.

l-i. One tract of 6,000 acres at the Little Forks on the Teta-
bwasing river.

14. One tract of 6,000 acres at the Ulack Bird's town on the

I'etabwasiug river.

15. One tract of 40,000 acres on the W. side of the Saganaw

river.

16. One tract of 10,000 acres at Big Rock on Shiawassee

river.

The said Indians sh.all have the right of living upon the tracts
at the river Angrais and Musho-wusk or Rille 1'iver.s on the
\V. side of Saganaw bay, for the term ot five years, during
which time no w;hite man shall be allowed to settle ou said
tracts under a penalty of $500.

The said tribe agrees to remove from the .state of Micliigan as
soon as a proper locatiou can be obtaineil. eitlier W. of lake
Superior or at such ])lace W. of the Mississippi and .SW. of
the Missouri river as the legislation of Congress may indicate.

The U. S. agree to pay to said tribe as one of tlie ]>arties to the ;
treaty of Nov. 17, 1807, the sum of $1,000 to (|uiet their claim i
to two reservations of laud of 2 sectious each, lying iu Oak-
laud county, Jlieh., whicli were ceded to the U, S. by the Pot-
towattouiies of .St Joseph's on .Sept. 10. 1827.

It is agreed by the Choctaws that the Chickasaws shall hav(!
the privilege of forming a district within the limits of their
country, to lie held on the same terms that the Choctaws now
hold it, except the right of disposing of it (which is held iu
common by the Choctawsand Chickasaws), to be called the
Chickasaw district of the Choctaw uatiou. The said Chick-

KOYCE]

CESSIONS OF 1836-1837

7G5

L^I^D CESSIONS-Continiaed.

Uifitoyit(tl (lata and remarks

This cession is covered by the previous cession by the Osage iu treaty of Nov.
10, 1808.

When the public surveys Tvere extended over this region, there were no Indiana
living on this tract, and, the surveyors having no one to point out to them thd
desired limits of the reserve, it was never surveyed as an Indian reserve. i

The Indians reserved a right of residence on this tract for five years .'.

The Indians reserved a right of residence on this tract for five years.

See note concerning this tract under treaty of Sept. 24, 1819. \n error was made
in co))ylug the treaty whereby this reserve became confused with the one at
Big Rock. The intention was to cede lioth the 3,000-acre tract at Ketche-
wauudaugumink or Big Lick and the 10,000-acre tract at Big Rock. The
language of the treaty cedes '• 10,000 acres on Shiawassee river, at Ketche-
waiin<laugumlnk or Big Lick." To correct this error a supplemental article
to the treaty was concluded Oct. 27, 1841. ■

See note concerning this tract opposite No. 12. or 3,000-aere reserve at Ketche-
waundauguniiuk or Big I.iek.

By treaty of Dec. 20, 1837. a reserve was promised this tribe on Osage river,
but they declined to remove thereto, and no tract was therefore surveyed for
them.

See treaty of Sept. IH. 1827.

These boundaries were modilied by treaty of .Nov. .">, Ifi'A, and again June 22, 1855.

Designation of cession ofi viap
Nuniber Location

227
228

229

230
231

232

233

234
235

236

237

238
239
240
241

Michigan 1.

Michigan 2 ■

Michigan 1.

766

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF II«^DIA.^

Dute

Where or how
concluded

1837
Jan. 17

Feb. 11

July 29

Doaksvillp
near Fort
Towson iu
Choctaw
country.

Washington,
D. C.

Stat. L.,

Stat. L.,
vii, 532

Potaw a 1 m i
ban ds of
Chee-chaw-
kose, Ash-
kum, Wee-
saw or Lou-
ison, Muck-
kose and
Qui-qui-to.

St. Peter's (at
the contin-
ence of St
Peter's ;ukI
Mississiiipi
rivers), iu
Wisconsin
territory.

Stat. L.,
VII, 536

Sept. 29 Washington,
I D. C.

Oct. 21

Washington,
D. C.

Stat. L.,
^■II, 538

Stat. L.,
\ii, 540

Chippewa

Sioux.

Sauk and Fox. .

Jte!<cri2jtioii of ceasiun or reserroiioii

Choctaw and
Chickasaw. I

asaw district shall be bounded .as follows, viz : Beginning
on the N. bank of Red river at the mouth of I.shind Bayou,
about S or 10 miles below the mouth of False Warhitta;
thence running N. along the uuiiu ihaunel of 8ai<l bayou to
its source; theuce along the dividing ridge between the
Wachitta and Low Blue rivers to the road leading from Fort
Gibson to Fort Warhitta ; thence along said road to the lino
dividing Musha-la-tubbee and Piish-meta-haw districts;
thence eastwaidly along said district line to the source of
Brnshy creek; thence down said creek to where it flows into
the Canadian river. 10 or 12 miles above the mouth of the S.
fork of the Canadian: thence W. along the uuiin Canadian
river to its source, it iu the limits of the U. .S.,or to those
limits ; and thence dne S. to Red river and down Red river to
the beginning.

The said bands sanction and a.ssent to the provisions of the
treaties concluded on Aug. 5 and Sept. 23, 1830, in which
were ceded to the U. S. certain lands in the state of Indiana
reserved forsaid bands by the treaties of Oct. 20 and 27, 1S32,
and hereby cede to the U. .S. all their iuteri'St in said lands
and agree to remove to a country that may be provided for
them by the President of the U. S., S\V. of the Missouri river,
within two years from the ratilication of this treaty.

The U. S. agree to convey by patent to the Potawatomies of
Iniliana a tract of country on the Osage river S\V. of the
Missouri river sufficient iu extent and adapted to their habits
and wauts.

The V. S. agree to purchase the "(ive sections in the prairie
near Rock village" reserved for Qui-iiui-to in the second
article of the treaty of Oct. 20, 1832, for the sum of $4,000.

The said Chippewa nation cede to the U. S. the tract of coun-
try bonniled as follows, viz : Beginning at the junction of the
Crow Wing and llississi)ipi rivers, between 20 aiul 30 miles
above where the Mississipj)! is crossed by the 46'^ of N. lati-
tude, and running thence to the N. point of Lake St Croix,
one of the soni-ces of the St Croix river: thence to and along
the dividing ridge between the waters of Lake Superior and
tho.se of the Mississi]ipi to the sources of the Ocha-sua-sepe,
a tributary of the Chippewa river; thence to .a ]ioint on the
Chippewa river 20 miles below the outlet of Lake Do Flara-
Ijeau; thence to the junction of tlie Wisconsin and Pelican
rivers; thence on an F. course 25 miles; thence southerly on
a course parallel with that of the Wisconsin river to the line
dividing the territories of the Chippewas and Jleiionionies;
thence to the Plover portage; thence along the southern
boundary of the Chippewa country to the; commencement of
the boundary line dividing it from that of the Sioux, half a
day's march below the falls lui the ("liii)pewa river; thence
withsaid boundary line to tlie uioutli of \Vah-tap river .at its
junction with the Mississippi, and thence up tlie Mississippi
to the place of beginning.

Said Indians cede to the U. .S. all their land E. of the Mississippi
river and all their islands in said river.

The Sacs and
viz:

Foxes make to the V. S. the following cessions.

Of a tract of country containing 1,250,000 acres lying
W. au<l a<ljoining the tract conveyed by them to the
U.S. in the treaty of Sept. 21, 1832. It' is understood
that the points of termination for the present cession
shall be tlic northern and southern points of said tract
as tixeil by the survey made under tlie authority of the
U. S., and that a line shall be drawn between them so
as to intersect a line extended westwardly from the
angle of said tract nearly opposite to Rock Island as
laid down iu the above survey, so i'ar as may be neces-
sary to include the number of acres hereby ceded,
which last-mentionedline,itisestimated, willbeabout
25 miles.

KovrE]

CESSIONS OF 1837

767

L^IST) CESSIOIvrS-Contiriiied.

Desigtiation of ceasioii on map

Hixloriciil (lain <i«(l raiiarku

Number

Location

This reserve was set apart in Kansas and tlie Iniliaus removed to it in 1840, but
ceded it iu 1816, wlien, the Chippewa, Ottawa, and I'otawatomi becoming
merited with them, they removed ti> a reserve between the Shawnee and
the l_)elawares.

iioundaries not ascertained.

242

Minnesota 1, Wiscon-
sin 1.

243 Minnesota 1, Wiscon-

sin 1.

This tract was partially surveyed by Cliarles Bracken in 1830. The line ran
from a point on Ked Cedar river, 10 miles from the Jlississippi, W. 2.5 miles.
51 chains and 10 links; thence X. degrees and 5."> minutes W., 69 miles, 2
chains and S2 links; thence with the cession line of 1832, S. 29i degrees E.,
7.") miles, 11 chains and 50 links to beginning. This constituted the upper
half of the cession and contained 511. 035, 'i, acres. The survey was then
susp;-nded on account of sickness of the surveyor.

244

Iowa 1

7(i8

INDIAN LAXD CESSIONS IN THE rj^j^ED STATES

[kTH. ANN. 18

SCHEDULE OF IIVDI^^

Date

1837
Oct, i'l

Oct. 21

Oct. 21

Where or liow
concluded

lieferein^e

Trih,

JJescr'tpi'ion of cf^fiUnj tir reservation

WM8liini;t(in. Stat. L.,
D. C. VII, ".40.

Sauk and Fox.

Wa,shiiigtoi). Stat. L., Yankton tribe
I). C. VII, 542 of Sioux.

WasliingtDii. ' Stat, L ,
\). C. vii, 543

Sank and Fox
of Missouri.

Nov, 1

Wasliingtiiii , : Stat, 1,,,
D, C, VH, 544,

Winnebago .

Nov. 23

Dee. 20

St LoTiis, Mi.s-
sonri.

Stat. L.,
VII, 547.

Iowa .

Flint Kiver, Stat. L..
Michigan. \ii, .547,

Saginaw
tribe of
Chippewa.

1S38

,Iaii. 1.-.

Jinti'aloCreek, Stat, L., The several
>'(•«• Yiirk. vil, .550. i tribes of
I New York
Indians.

2. Oi all rifjlit or interest iu the land ceiled by said con-
federated tribes on July l-""', 1S30, wliii'b might be
claimed by them under the phraseology of the first
article of said treaty.

The Yankton tribe of Sioux Indians cede to the II. S. all the
right and interest in the land ceded by the treaty conclnded
■Inly 15, 1830, which they might be entitled to claim by virtue
of the phraseology employed iu the second article of said
treaty.

The Missouri Sac and Fox Indians make the following cessions
to the U.S., viz:

1. Of all right or interest in the country between the Mis-

souri and Mississippi rivers and the boundary Hue
between the Sac aud Fox and the Sioux Indians,
described in the second article of the treaty of Aug.
19, 1825, to the full extent to which said claim was
recognized in the third article of said treaty, aud of
all interest or claim by virtue of the provisions of any
treaties since made liy the U. S. with the Sacs aud
Foxes.

2. (If all right to locate for hunting or other purposes on

the laud ceded iu the first article of the treaty of .Inly
15, 1830, which, by the authority therein conferred on
the President of the U. S., they may be i)ermitted by
him to enjoj-.

3. Of all claims or interest under the treaties of Nov. 3,

1804, Aug. 4, 1S24, July 15, 1830, and Sept. 17, 1836, for
the satisfaction of which no appropriations have been
made.

The AViunebago nation of Indians cede to the F, .S, all their
land east of tlie Mississippi river.

The said Indians agree, further, to relinquish the right to
occupy, except for the purpose of hunting, a portion of the
laud held by them W, of the Mississippi, included between
that river and a line drawn from ,a ])oint 20 miles distant
therefrom on the southern boundary of the neutral ground I
to a point eiiuidistant from the saul river ou the northern |
boundary thereof, Hut this sti]uilatiou shall not be so con-
strued as to invalidate their title to the said tract.

The said Indians agree to remove, within eight months from
the ratification of this treaty, to that portion of the neutral
ground W, of the Jlississippi which was conveyed to them
iu the second article of the treaty of Sept. 21, 1832, and the
U, .S. agree that the said Indians may hunt upon the western
part of said neutral ground until they shall jirocure a per-
manent settlement.

The loway Indians cede to the U, S. all right and interest in
the land ceded by the treaty concluded with them aud other
tribes on July 15, 1830, which they might be entitled to
claim by virtue of the phraseology employed in the second
article of said treaty, i

The U, S, agree to reserve a location for said tribe on the head
waters of the Osage river, in the country visited by a delega-
tion of the said trilies during the present year, to be of
proper extent agreeably to their numbers, embracing a due
proportion of wood and water aud lying contiguous to tribes \
of kindred language. Nor shall anything contained in the
sixth article of the treaty of Jan. 14, 1837, entitle them at
this time to a location in the country W. of Lake Sujierior. j

The several tribes of New York Indians hereby cede and relin-
(|uish to the F. S. all their right, title, and interest to the !
lands secured to them at Green Bay by the Menomonie treaty
of 1831, excepting the following tract, on which .a part of
the New York Indians now reside, viz:

Beginning at the southwesterly corner of the French grants
at (ireen bay aud running thence southwardly lo a point
on a line to be run irom the Little Cocalin. parallel to a line

CESSIONS OF l»S37-lf<38

Tfifl

L^VTsTD CESSIONS-Coutiimed.

Jlistoriciil ilalii aiiil remarks

Designation of cesition on majy

Number

Location

See 151
and 152

Jlinncsota 1, Missouri

1, Iowa 1.
Iowa 1.

Tliis tract was fully covered by tlip previous Osage cession of 18118.

Fully covere^l liy previous cessioiie.

See 151

Minnesota 1, Missouri

I.Iowa 1.

For the nature of tliese claims, see ])ro\ isioiis of foregoing treaties.

245
See 267

Wisconsin 1.

An absolute cession of this entire tract was made hy treaty of Oct. 13, 1846

Iowa 2, Minnesota 2.

See 151,
152

Minnesota 1, Missouri

1, Iowa I.

The Indiana refused to remove, and the reserve promised on ( tsage river was
not set apart fur them.

A portion of this tract was afterward, by treaty of 18.")4 with the Menomini,
assigned to them for their future home.

2i(;

A\'isc<)nsiu 2.

This was intended for the occupancy of the New York Indians (principally
Oneida) settled at (ireen bav. See also treaty with the Green Bay Oneida,
Feb. 3, 1838.

247

Wisconsin 2.

770

INDIAN LAND CESi^IONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF i:Nr)I^]^

BiittaloC'reek.
New York.

Stat. L.,
MI, 550

The several
tribes of
New York
Indians.

of the Frencli grants and 6 miles from Fox river; from
theme on said parallel line northwardly miles; from
thcnoe eastwardly to a point on the NE. Hue of the Indian
lands, and being at right angles to the same.
In consideration of the above cession and relinquishment by
the New York Indians tlie U. S. agree to set apart the fol-
lowing tract of country, situated directly W. of the state of
Missouri, as a permanent home for all the New York Indians
now residing in the state of New York, or in Wisconsin, or
elsewhere in the U. S., who have no permanent homes, which
country is described as follows, to wit :

Beginning on the ^V. line of the state of Missouri, at the NE.
corner of the Cherokee tract, and running thence N. along
the \V. line of the state of Missouri 27 miles to the southerly
line of the Miami lands; thence W. so far as shall lie neces-
sary, by running a line at right angles and ]iarallel to the
W. line aforesaid, to the Osage lauds, and thence easterly
along the Osage and Cherokee lands to the place of begin-
ning, to include 1,S24,000 acres of land, being 320 acres for
each soul of said Indians as their numbers are at present
computed. To have and to hold the same in fee simple to
tbe said tribes or nations of Indians by patent from the
President of the V. 8., issued in conformity with the pro-
visions of tlie third section of an act of Congress approved
May 28, 1830, with full jjower and authority in the snid
Indians to divide said lands among the ditierent trilies or
bands in severalty, with the rinlit to sell and convey to and
from each other under such laws and regulations as may bo
adopted by the respective tribes, acting by themselves, or by
a general council of tlie said New York Indians acting for
all the tribes collectively.

The Oneidas are to have their lands in the Indian territory in
the tract set apart for the New York Indians, adjoining the
Osage tract, and that hereinafter set apart for the Senccas;
and the same shall be so laid ort' as to secure them a suf-
ficient quantity of limber for their use.

It is agreed with the Senecas that they shall have for them-
selves and their friends, the Cayugas and Onondagas, resid-
ing among them, the easterly part of tlic tract set ajiart lor
the New York Indians, and to extend so far \V. as to include
one-half section of land for each soul of the Senecas. Cayu-
gas, and Onondagas residing among them; and if there shall
not be sufficient timber laud for their use, the President shall
adil sufficient thereto for their accommodation.

The Tuscarora nation agree to accept the country set apart for
them in the Indian territory, and to remove there within
five years, and continue to reside there. It is further agreed
that they shall have their lands in the Indian country at the
forks of the Neasha river, which shall be so laid otf as to
secure a sufficient (luantity of timber for their accommoda-
tion. If on examination they are not satisfied with this loca-
tion, the President shall designate another location for them.

The Ttiscaroras own in fee simple 5,000 acres of land in Niag-
ara county, New York, conveyed to them by Henry Dear-
born, which they wish to sell before removing \Y. 'I'hereforo
they convey the same to the I'. S., to be held in trust for
them, and authorize the President to sell and convey the
same .ind to invest the same (or their benefit.

The .Senecas sell to Ogden and Fellows the tract of land lying
in th" county of Erie and state of New York commonly
known as the Buffalo Creek reservation, and containing by
estimation 49,920 acres.

Also the tract in the counties of Erie. Chantauque, and Catta-
raugus, iu said state, commonly known as the Cattaraugus
reserve, and containing by estimate 21,(580 acres.

Also tlie tract iu the county of Cattaraugus commonly known
as the Allegany reservation, and containing by estimation
30,469 acres.

liOVCE]

CESSIONS OF 1838

771

L^^ND CESSIO]S^S-Colltill^led.

Historical diiia and rt'tnarks

The treaty provides that this tract is intended as a home for the Seneka, Onon-
daga, Cayuga, Tnskarora, Oneida, St Kegis, Stockbridge, Mnnsee, and
Brotliertowu Indians residing in tlio state of New York, and was to be
divided equally among them according to tlieir respective numbers, viz:
On the Senek.a reservation — Seneka, 2,30!l; Onondaga, 194; Cayuga, 130;
total, 2,633. Onondaga at Onondaga, 300; Tnskarora, 273; St Regis in Xew
York, 350; Oneida at Green bay, 600; Oneida in New Y'ork, 620; Stock-
bridge. 217; ilunsee, 132. and Brothertown, 360.

After this tract was set apart the Indians, with few exceptions, refused to
remove to and occupy it. The Tonawanda band of Seneka released all their
claim to an interest in it by treaty of 1857. After remaining unoccupied for
many years the Indian right was declared forfeited and the tract restored to
the public domain, except in the case of 10,215.63 acres in the NE. part,
which were allotted to 32 of the New York Indians who had removed to and
settled upon the reserve. These allotments are colored blue on the map,
while the balance of the reserve is red. The occupancy of these 32 Indians
was not, however, permanent, and by act of Congress of Feb. 19, 1873, jiro-
vision was nuide for the sale of these allotments to white settlers, the pro-
ceeds to bo paid to the allottees or their heirs. See also acts of .June 23,
1874, and Apr. 17, 1878.

By treaty of May 20, 1842, this reserve was transferred back to the Seneka by
Ogden and Fellows.

By treaty of May 20, 1842, this reserve was transferred back to the Seneka by
Ogden and Fellows,

Designation of cession on map
Xumber Location

248

Kansas 2.

249

Kansas 2.

See 39 New York.

See 45
See 38

New York.
New York.

772

INDIAN LAND CESSIONS IN THE UNITED STATES

[KTH. ANN. 18

SCHEDULE OE I]SrDI^:N'

Date

When- or how
coiiclitded

1838
Jan. 15

Bufi'alo Creek,
New York.

Reference

Stat. L.,
VII, 550.

Tribe

The several
tribes of
New York
Indians.

Feb.

Wasliiugton,
D.C.

Oct. 19

Nov. ti

Great Nema-
ha aj'eucv.

Stat.

VII,

L.,
566.

Stat.

VII,

L.,

568.

Ifescriplioit of cession or rt serration

Also the tract lying in Erie anil Genesee eonnties eommouly
known as the Tonawaiulo reservation, and containing by
estimation 12,S00 acres.

The Tiiscaroras sell to Ogden and Fellows the tract lying in
Niagara county and commonly known as tin- Tuscarora res-
ervation, or Seneca grant, containing 1,920 acres, being the
lands occniiied by them and not included in the lauds con-
veyed to them by Henry Dearborn.

Oneida (First
Christian
and Orchard
parties, re-
siding at
Green Bay). |

Iowa .

Forks of the
Wabash, in
State of In-
diana.

Stat.

VII.

L. , I Miami .

569.

The First Christian and Orchard parties of Oneida Indians cede

to the II. S. all their title and interest in the land set apart
for them in the tirst article of the treaty with the Meuomo-
nies of Fell. H. 1831, and the second article of the treaty
with the same tribe of (_)ct. 27, 1832.
From the foregoing cession there shall be reserved to the said
Indians, to bo held as other Indian lands are held, a tract of
land containing 100 acres for each individual, and the lines
of which shall be so run as to include all their settlements
and inii>roveiuents in the vicinity of Green Bay.

The loway tribe of Indians cede to the U. S. .

1. All right or interest in the country between the Mis-

souri and Mississippi rivers and the bnundary between
the S.acs and Foxes and Sioux, described in the sec-
ond article of the treaty made with these and other
tribes on Aug. 19, 1825, to the full extent to which
such claim is recognized in the third article of said
treaty, and all interest or claim by virtue of the pro-
visions of any treaties since maile by the U. S. with
the Sacs and Foxes of the Mississippi.

2. All claims or interest under the treaties of Aug. 4, 1824,

July 15, 1830, and Sept. 17, 1836, except so much of the
last-mentioned treaty as secures to them 200 sections
of ]an<l, etc.

The Miami tribe of Indians hereby cede to the U. S. :

1. All that tract of land lying S. of the Wabash river and

included witliin the following bounds, to- wit: Com-
mencing at a point on said river where the western
boundary line of the Miami reserve intersects the
same, near the mouth of Pipe creek ; thence S. 2
miles; thence W. 1 mile; thence S. along said bound-
ary line 3 miles; thence E. to the Mississiuucwa
river; thence np the said river with the meanders
thereof to the eastern boundary line of the said
Miami reserve; thence N. .ilong said eastern bound-
ary line to the Wabash river; tlicme down the said
last-named river with tlie meanders thereof to the
place of beginning.

2. The reservation on the Wabash river below the forks

thereof, made liy the second article of the treaty of
Oct. 6, 1818.

3. The residue of the reservation opposite the mouth of

the river Abonette, made by the second article of the
treaty ot Oct. 6. 1818.

4. The reservation at the month of a creek called Flat

Rock, where the road to White river crosses the
same, made by the second article of the treaty of Oct.
6, 1818.

CESSIONS OF 1.S38

773

T^^ISTD CKSSlOISrS-Continvied.

Desiijnation of rtaaion on map

I/istorif(tl data and remarks

Ntimher

Location

Between the contriut of Sept. 15, 1797, with Robert Jlorris, establishing the
Touawauda reservation, and this treaty of .Ian. 15, 1838, the area of this
reserve was reduced, by arrangement with the state of Xew York, from 71
Br|nai'e miles to 12,800 acres. This latter area was the (]uautity purchased
by Ogden and Fellows. It is within the limits of the original reserve, and
its boundaries are colored red. For the subse(|uent history of this reserve,
see note to treaty of Nov. 5, 1857, in this schedule.

The Tnskarora removed in 1780 from Oneida and settled on the site of this
reserve. Here the Seneka gave them 1 square mile of land, commonly
known as the Seueka grant. It was intended to be numbered among the res-
ervations retained by the Indians in the treaty and contract of Sept. 1.5, 1797,
with Kobert Morris, but was inadvertently omitted. The Ilolhiud Land
Compauy, however (as grantees of Robert Morris), not only recognized the
title of the Tuskarora, but gave them 2 square miles adjoining. These 3
sijuare miles constitute the reserve as shown on the map. Subsequent to
1804 the Tuskarora, having sold their lands in North Carolina, purchased
from Henry Dearborn with the proceeds thereof 4,329 acres additional and
adjoiuiug their reserve. Tlie boundaries of this addition have not been
obtained, tbongh it adjoins the 3-8i|uare mile tract on the S. and K. They
still occupy the reserve in spite of the conveyance to Ogden and Fellows by
this treaty. It overlaps on the 4-mile strip ceded to the British by the Six
Nations in 1765.

This is simply a reiteration on the part of tlie Green Bay Oneida of the cession
made bv theXew York Indians bv treaty of ,Ian. 15. 1838.

See 40

New York.

2.50 New York.

See 246 Wisconsin 2.

'I'his constitutes the present Oneida reserve at tireen Bay j See 247

Fully covered by j)revious cessions.

Wisconsin :

Fully covered liy previous cessions.

251 ^

253

251 J

Indiana (detail).

774

INDIAN LAND CESSIONS IN THE UNITED STATES

[eth. anx. 18

SCHEDULE OK I^DI^^>J^

Date

Where or how
concluded

1838

Nov, 6

Forks of the
Wabash, iu
State of lu-
diaua.

Stat. L.,
All, 569.

1839
Jan. 11

Fort Gibson,
W. of Ar-
l^ansas.

Sept. 3 Stockbridge,
Wisconsin
territory.

1840

Nov. 28

Miami .

Stat. L.,
VII, 576.

Great and Lit-
tle Osage.

Dettcrlpiion of ressiun or reaeniitii

Stat. L.,
VII, 580.

Stockbridge
and Mun-
see, resid-
ing on Lake
Winnebago,
Wisconsin
territory.

Forks of the Stat. L.,
Wabash, iu ' vii, 582.

State of In-
diana. I

Miami .

5. Also the reservation of land niadd for the nse of said
tribe at Seek's village, on Eel river, by the .second
article of a treaty concluded on Oct. 23, 1826.

From the cession first above described the Miami tribe reserve
(or the ban<l of Jle-to-siu-ia the followinj;' tract of land, to
wit: Beginning on the eastern boundary line of the iiig
reserve, where the Mississinne'sva river crosses the same;
thence down said river with the meanders thereof to the
month of the creek called Forked Branch; thence N. 2
miles; thence iu a direct line to a point on the eastern
liouudary line 2 miles N. of the place of beginning; thence
.S. to the place of beginning, supposed to contain 10 si|uare
miles.

The II. S. stipulate to possess the Miami tribe of Indians of,
and guaranty to them forever, a country W. of the Missis-
Bin()i river, to remove to ami settle on. wheu the said tribe
may be disposed to emigrate from their i>rcsent country,
and that guaranty is hereby pledged; and the said country
shall be sutticient iu extent, an<l suited to their wants and
condition, and be iu a region contiguous to that iu the occu-
pation of the tribes which emigrated from the states of
Ohio an<l Indiana. And wheu the said tribe shall have emi-
grated, the U. S. shall protect the said tribe in their rights
and possessions against the injuries, cncripachnients, and
oppressions of any persons or tribes whatsoever.

The Great and Little Osage Indians make the following ces-
sions to the U. S. :

1. Of all title or interest in any reservation heretofore

claimed by them within the limits of any other trilie.

2. Of all claim or interest under the tieaties of Nov. 10,

1808, and .Inni^ 2, 1825, except so much of the latter as
ia contained in the sixth article thereof, and tlie said
Tndiaus bind themselves to remove from the lands of
other tribes and to remain within their own bound-
aries.
The U. S agree to purchase the reservations jirovided tor indi-
viduals in till- liftli article of the treaty of .Tune 2, 182."i, at
not exceeding ^2 per acre, to be paid to the respective
reservees, excepting, however, from this provision the tracts
th.at were purchased in the fourth article of the tieatv with
the Cherokces of Dec. 29, 1835.

The Stockbridge and Munsee tribes (formerly of New York)
cede to the II, S. the K. half of the tract of 46,080 acres of
laud whicli was laid off for their use ou the E.side of Lake
Winnebago in iiursuance of the treaty made by George U.
Porter, commissioner for the U. S., and the Jlenomiuce
nation of Indians on Oct. 27, 1S32, the said E. half hereby
ceded to contain 23,010 acres, to be of ei|nal width at the
N. and S. ends, and to be divided from the W. half of said
tract of 16,080 acres by aline to be run parallel to the E.
line of said tract.

It is agreed that an exploring party not exceeding three in
number may visit the country W., if the Indians shall con-
sider it necessary, and that whenever those who are desirous
(d' emigrating shall signify their wish to that etfect the II. S.
will defray the expenses of their removal W, of the Missis-
sippi and furnish them with subsistence for one year after
their arrival iu their new homes.

The Miami tribe of Indians cede to the U. S. all that tract of
laud ou the S. side of the Wabash river, not heretofore ceded
and commonly known as "the residue of the Big Keserve,"
being all ot their remaining lands in Indiana.

It is further stipulated that the V. S. cimvey by patent to
Me-shing-go-me-sia, son of Ma-to-sin-ia, the tract of land
icserved by the second .article of the treaty of Nov. (i, 1838,
to the baud of Mji-to-sin-ia, to be held iu trust by said Me-
shing-go-me-sia for his band.

CESSIONS OF 1838-1840

775

L^ND CESSIOISrS-Contiiixied.

Designation of cession on map

Bistorical data and remarks

yum her

Location

By treaty of Nov. 28. 1810, this reserve wns held in trust for Me-shins-KO-me-sia
(son of Me-to siii-ia) and his band. By act of Congress approved June 1,
1872, the reserve was partitioned among the hand and patents issued in
severalty.

From the foregoing cessions the U. S. granted 50 sections of hind to individuals.

This tract is described in the twelfth (additional) article of the treaty of Nov.
28, 1840.

Indiana (detail).
256 i Indiana (detail).

This was an indefinite claim and Is covered by the cessions of other tribes.

This plan was never carried out, as the exploring party rendered an unfavor-
able report.

The provision below practically reserves from this cession the Me-to-siu-ia
tract.

This tract was partitioned among the members of this b;Lnd under the jirovi-
sions of an act of Congress approved June 1, 1872.

See 329, 330

IS ETH, PT -2. 17

Kansas 2.

257 Wisconsin 2.

258 Indiana.

See 256

776

INDIAN LAND CESSIONS IN THE UNITED STATES

[etH. ANN. 18

SCHEDULE OF INDI^IST

Date

1840

Nov. 28

Where or huw
concluded

Reference

Tribe

Description of cession or reservation

1842

Mar. 17

Jl.iy 20

Forks of tbo
Wabash, iu
State of In-
diaua.

Upper San-
d 11 8 k y,
Crawford
c cunt y,
Ohio.

Oct.

Biifialo Crei'k,
New York.

Stat. L.,
A'li, 582.

Stat. L.,
VII, 607.

La Poiiite of
Lake Siipe-
rior,in Wis-
consin ter-
ritory.

Stat. L.,
\n, 586.

Miami .

Wyandot .

Seneka

Stat.

MI,

L.,
syi.

Chippewa of
the Missis-
sippi and
Lake Supe-
rior.

It is hereby stipulated that the Miami tribe of Indians shall
remove to the country assigned them W. of the Mi.s8i8sippi
within five years from this date. And the U. S. stipulates
to set apart'and assign to the Miamies for their occupancy
W. of the Mississiijpi a tract of country bcmuded on the E.
by the state of Slissouri, on the N. by the country of the
Weas and Ka^kaskias, on the W. by the I'ottawatomies of
Indiana, and on the S. by the land assigned to the New York
Indians, estimated to contain 500,000 acres.

The Wyandott nation of Indians cede to the U. S. all that
tract of land situate in the county of Crawford and state of
Ohio conunonly knowu as the residue of the large reserve,
being all of tlieir remaining lands in the state of Ohio and
containing 109,144 acres more or less.

The said nation also cede to the U. S. all their right to the
Wyandott reserve on both sides of the river Huron, in the
state of Michigan, containing 4,996 acres, and being all the
remaining lands claimed or set apart for them iu the state
of Micliigan.

In consideration of the foregoing cessions the U. S. grant to
the Wyandott nation a tract of land W. of the Mississippi
river, to contain 148,000 acres, and to be located upon any
lauds owned by the U. S. now set a]iart or that may in future
be set apart for Indian use and not already assigned to any
other tribe or nation.

The chiefs of the Wyandott nation hereby agree to remove
their whole people to the W. of the Mississippi river.

There shall be reserved from sale and forever devoted to pu))lic
use 2 acres of ground as near as can be in a square form, to
include the stone meetinghouse and burying ground near
to and N. of Upi>er Sandusky; 1 acre to include the bury-
ing ground on the bank near the council house at Upper
Sanilusky, and one-half acre to include the burying ground
on the farm of Silas Armstrong, which several lots of ground
shall ever remain open and free to all persons for the purpose
of interment and houses of worship and for mi other purposes
whate\ er.

Thoniiis L. Ogdeu and Joseph Fellows agree that the Seneca
nation (notwithstanding the provisions of the treaty of Jan.
15, 1838), shall and may continue in the occupation of the
whole of the two tracts of land called the Cattaraugus and
Allegany reservations with the same right and title pos-
sessed by them before said treaty of Jan. 15, 1838, saving
and reserving to the said Ogdeu and Fellows (he right of
]ireemption and all other right and title which they Ihen
had to said tracts of laud.

The Seneca nation in view of the foregoing and other consider-
ations, grant and conhrin to said ( Jgden and Fellows the
whole of the two tracts of land commonly called the Buflalo
Creek and the Tonuewanda reservations, and all the right
and interest therein of said nation.

The Chippewa Indians of the Mississippi and Lake Superior
cede to the U. S. .all the country within the following
boundaries, viz: IJegiuning at the mouth of Chocolate river
of Lake Superior; thence northwardly across said lake to
intersect the boundary line between the !'• S. and the I'rov-
incc of Canada; thence up said Lake Superior to the mouth
of the St Louis or Fond du Lac river (including all the
islands iu said lake); thence up said river to the Ameri-
can Fur Company's trading post at the southwardly bend
tliereof about 22 liiiles from its mouth ; thence S. to intersect
the line of the treaty of July 29, 1837, with the Chip|iewas
of the Mississippi; thence along s:iid line to its southeast-
wardly extremity near the Plover portage on the Wisconsin
river; thence northeastwardly along the boundary lino
between the Chippewas and Menomoiiees, to its eastern ter-
mination (established by thotreaty held with the Chippewas,

CE!?i>IONS OP 1S40-1842

777

L^ND OESSIOTvrS-Contintied.

Jliniorival (laid and rtmarls

Designation of cession on map

Ximtber

cation

The Miami removed to Kansas in accordance witli tliis provision. Tho tract
tliiis assigned tljem was partly ceded by them to the U. S. by treaty of Juno
5, 1854. The remainder was disposed of partly under provisions of the same
treaty and partly in accordance with treaty of Feb. 23, 18t>7, supiilemented
by act of Congress approved Mar. 3, 1873.

The act of Congress approved Mar. 3, 1843, provides for the sale of these lands..

This reserve was established by treaty of .Sept. 20, 1818. An act of Congress
of Mar. 3, 1843, provides for the sale of these lauds.

The U, S. failed to give them this tract and they purchased, Dec. 14, 1843, of
the Dela wares, 39 sections uft' the E. end of their reserve in Kansas.

After the conclusion of tlie treaty of .Tan. 15, 18.38, it was found tlLit many of
the Seneka were lirni iu their determination not to give up the reservations
sold to Ogdeu and Fellows by that treaty. Accordingly a compromise was
arranged which resulted iu this treaty of 1842 whereby Ogden and Fellows
agreed to permit the 8eneka to retain the occupancy of the Cattaraugus and
Alleghany reserves, and the Seneka ou their j)art agreed to give Ogden and
l^ellows immediate possession of the Buti'alo Creek and Tonawauda reserves.
This agreement was complied with so far as the Butfalo Creek reservation
was concerned, but it became necessary in 1857 to negotiate another treaty
with the Tonawanda Seneka to adjust differences concerning the occujjancy
of that reserve.

See, 320,
330

Kansas 2.

259 Ohio (detail).

260

See 263

See 38, 45

See 39, 40

261

Michigan 2.

Kansas 2.

New York.

'i\e\v York.

Wisconsin 1, Michi-
gan 1.

778

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IIsTDI^^^

Date

1842
Oct. 4

Oct. 11

1843
Mar. 3

Dec. 14

1845
Jan. 4

1846
Jan. 14

June 5
and 17

iriure or how
concluded

Aug. G

AuH

La Pointe of
Lake Supe-
rior, in Wis-
consin ter-
ritory.

Sac and Fox
agency,
Territory
of Iowa.

Act of Con-
gress.

Agreement
between
Delaware 8
and Wyan-
dot.

Creek agency.

Metliodist
mission in
the Kansas
country.

Agency on
Missouri
river near
Council
Blutis and
Potawato-
uii creek.

Washington,
D. C.

Act of Con-
gress.

Reference

Stat. L.,
Yil, 591.

Stat. L.,
VII, 59G.

Stat. L.,
V, 645.

Stat. L.,
IX, 337.

Stat. L.,
i.\,821.

Stat. L.,
IX, 842.

Stat. L.,
IX, 853.

Tribe

Description of cession or reserration

Chippewa of Menonionees, and Winnebagoes at Butte des Morts, Aug. 11,

the Missis- 1827), on the Skonawby river of Green bay; thence north-

sippi and wiirdly ti> the source of Chocolate river; thence down said

Lake Supe- river to its mouth, tlic place of beginning; it being the

rior. intention of the parties to this treaty to include in this

cession all the Chippewa lands eastwardly of the .aforesaid

line running from the American Fur Company's trading post

on the Fond du Lac river to the intersection of the line of

I the treaty made with the Chippewas of the Mississippi,

1 July 29, 1K37.

Sauk and Fox. Tlie lonfederated tribes of Sacs and Foxes cede to the U. S.
all the lanils W. of the Mississippi river to whicli they have
any claim or title.

The Indians reserve a right to occujiy lor three years from the
signing of this treaty all that part of the land al)Ove ceded
which lies W. of a line running due N. an<l S. from the
painted or red rocks on the White Breast fork of the Des
Moines river, which rocks will be found about 8 miles in a
straight line from the junction of the White Breast with the
Des jloines.

Upon the ratification of this treaty the U. S. agree to assign
a tract of land suitable and convenient for Indian purposes
to the Sacs and Foxes for a permanent home for them and
their descendants, which tract shall be upon the Missouri
river or some of its waters.

Stockbridge
and Munsee.

Delaware and
Wyandot.

Creek and
Seminole.

Stat. L.,
IX, 871.

Stat. L.,
IX, 55.

Kansa .

Potawatomi,
Chippewa,
and Ottawa.

Cherokee .

Provides for subdivision and allotment in severalty of their
remaining lands.

By the terms of this .agreement the Wyandot purchased of the
Delawares 39 sections off the E. end of their reserve on Kansas
river. -

The Creeks agree that the Seminoles may settle in any part of
the Creek country, and the V. S. agree that the N. .and W.
boundaries of the Creek country shall be distinctly marked.

The Kansas tribe cede to the U. S. 2,000,000 acres of laud on the
E. part of their country, embracing the entire width, 30 miles,
and running W. for i|uantity.

It being doubtful whether there would be a sufficiency of tim-
ber lelt tor the use of the Kansas after taking oft" the fore-
going cession, it was .agreed that if such should prove to be
the case after survey the President should cause to be
selected and laid olf for the Kansas tribe a suitable country
near the western lioundary of the land ce<led by this treaty.
In consideration of which the Kansas cede to tlie U. S. the
balance of the reservation not ceded by the lirst article of
this treaty.

These tribes cede to the U. S. ,all the Lands to whieh they have
rlaini (Tt' any kind whatsoever, and es|)eiially the tracts or
pavci'ls of land ceded to them by the treaty of Chicago, and
subseipieut tliereto, and now in whole or in part possessed
by their people, lying and being N. of the river Missouri and
embraced in the limits of the territory of Iowa.

Also all that tract of country lying and beiug on or near the
Osagi- river and W. of the state of Jlissouri. Tlies(> cessions,
however, were not to att'ect the title of said Indians to auy
grants or reservations made to them by former treaty.

Patent to be issued to Cherokee n.atiou for their lands

"Old Settlers'' or Western Cherokees agree thiit eoiiutry as-

signeil them by treaties of 1833 and 1835 .shall belong to whole

nation.

Stockbridge
and Munsee.

Repeals act of Mar. 3, 1843

BOYIEl

CESSIONS OF 1842-1846

779

L^Isrr> CESSIOT^S-Coiatini-ied.

Bhtorlrcl data and remarls

As shown on tlio ma]!, a red line through the middle separates the part
immediately cedid from the portion to be surrendered at the end of three
years.

A tract was assijjncd them adjoining the Shawnee on the S. It overlapped
and incliide<l a jiortion of the tract assigned to the Potawatomi liy treaty of
Feb. 11, 1837. The latter, liowever, ceded tlieir tract by treaty of June 5
and 17, 184ti, which Ictt thi' title clear for the Sauk and Fox. The extent of
the overlap is shown on Kansas map 2.

Part of the tribe refused to he governed by this act. aud Congress repealed it
by act of Aug. 6, 1846.

This agreement was approved by act of ( nngress, July 2.^. 1848

Disagreements having arisen between the Creeks and the Seminole, a treaty
was concluded Aug. 7. 1856, by which the Creeks ceded to the Seminole, for
the separate use of the latter, .-i tract between Canadian river aud its north
fork and from the mouth of Pond creek to 100- W. longitude.

lusuflScient timber was found to exist, aud the contingent cession of their whole
reserve became ett'ective. The U. S. thereupon selected for theui another
reserve, as agreed.

This tract was supposed to join the Shawnee lauds on the S.,but upon survey
was found to include a part of the latter tract. The Shawnee, however,
ceded this portion of their reserve in 18.54, and all trouble was obviated.

Chippewa, Ottawa, and Potawatomi, Potawatomi of the Prairie, Potawatomi
of the Wabasli. and Potawatomi of Indiana become united under common
designation of I'otawatomi nation.

The reserve assigned the Sauk aud Fox by treaty of Oct. 11, 1842. overlaps this
tract. (For description see treaty of Feb. 11. 1837.)

Designation of cession on map

Number

Location

262

Iowa 1.

See 419, 494 Kansas:

263

Kansas 2.

264

Kansas 1.

This tract lay
the Delaware.

in botli sides uf Kansas river, between the Shawnee aud

See 420, 421 1 Kansas, 2.

1

265 Iowa 2.

266 Kansas 2.
See 433, 4.34 Kansas 2.

A patent dated Dec. 31, 1838, had already been issued to the Cherokee for their
lands under the provisions of articles 2 and 3 of the treaty of 1835 and the act
of Congress approved May 28. 1830.

It was found impracticable to carry this act iuto eftect, and to adjust all difficul-
ties a new treaty was concluded Nov. 24. 1848. by which the Indians agreed
to cede all remaining lands and remove \V. of the Mississippi.

780

INDIAN LAND CESSIONS IX THE UNITED STATES

[eTH. ANN. 18

SCHEDULE OF I^DI^^IST

Dale

TJ'hcre or how
concluded

Reference

1846
Oct. 13

1847
Aug. 2

Washington, 1 Stat. L.,

D. C.

Fond An Lac
of Lake Su-
perior.

Aug. 21

1848

July 25

July 29

Aug. 6

Leecli Ij.ike .

Oct.

Act of Con-
gress.

Act of Con-
gress.

Fort Childs,
on Grand
Island.

18 Lake Pow-
a w - li a y -
Kou - n a y ,
Wisconsin.

Kov. 24

1849

Sept. U

Dec. 30

1850
Apr. 1

18S1
Mar. 19

Stockbridge,
Wisconsin.

Valley of Clieil-
le[C'helly.]

Abiquiu, New
Mexico.

Washington,
D.C.

JX, 878.

Stat. L.,
IX, 904.

Stat. L.,
IX, 908.

Stat. L.,
IX, 337.

Stat. L.,
IX, 264.

Stat. L.,
IX, 949.

Stat. L.,
IX, 952.

Stat. L.,
IX, 955.

Stat. L.,
IX, 974.

Stat. L.,
IX, 984.

Stat. L.,
IX, 987.

Trihe

Descrijition o/ (•(•'<■'•■'<'» <)»■ riserratioii

Winnebago . .

Chippewa of
the Missis-
sippi and
Lake Su-
perior.

Chippewa
(Pillager
band).

Delaware and
Wyandot.

Catawba

Pawnee (Four
con feder-
ated bands).

Senomini .

Stockbridge

Navaho .

Uta ..

Wyandot.

Si-yan-te, Po-

to-yan-ti, Co-
co-noon, A-
paug-asse,
i Aplache, and
I A-wall-a-che.

Cede all claim to land and especially to "Neutral ground"

assigned them liy treaty of Sept. 15, 1832.
U. S. agreo to give them a tract of not less tban 800,000 acres

N. of St I'cter's river and W. of the Mississippi.

Cede tract Avitbiii tbe following boundaries: Beginning at the
junction of tbe Crow Wing and Mississipjii rivers; tbeuoe
up tbe Crow Wing river to tbejunction of tliat river with
the Long I'rairie river; them e up llie Lous I'rairio river to
tbe boundary line between tbe Sioux and C bippewa. Indians ;
thence southerly along said boundary line to d, lake at the
head of Long I'rairie river; theme in a direct line to the
sources of tbe Watab river; thence down tbe Watab river
to the Mississippi river; thence np the Mississippi to the
place of licginning.

Also all tbe interest and claim whicb tbe said Indians, parties
to this treaty, have in a tract of laud lying upon and N. of
Long I'rairie river and called I !>ne day's bunt.

Cede tract within the following boundaries: Beginning at the
south end of Otter-Tail lake ; thence southerly on tbe bound-
ary line between the Sioux and Chippewa Indians to Long
I'rairie river; theuce up said river to Crow Wing river;
thence up Crow Wing river to Leaf river; thence np Leaf
river to the nead of said river; and from thence in a direct
line to tbe place of beginning.

Approves agreement of Dec. 14, 1843, between Delawares and
\Vyaudots.

Provides for removal of Catawba Indians W. of tbe Mississippi
as soon as a home shall be obtained for them.

Appropriation made for Cherokees in North Carolina to be used
in their removal W. of the Mississippi whenever tbey assent.

Cede tract therein described as follows: Commencing on tbe
S. side of the I'latte river 5 miles W. of post " Fort Cbilds;"
thence due N. to the crest of the blnti's N. of said I'lalte river;
thence K. and along the crest of said blulis to the termina-
tion of (irand island, supposed to be about 00 mibs distant;
thence S. to the southern shore of saiil I'latte river; anil
thence W. and along the southern shore of said Platte river
to the place of beginning.

A plat of this tract is inserted in this treaty.

Cede all their buuls in tbe state of Wisconsin

U. S. give them all laud ceded liy Cbippewas Aug. 2 and Aug.
21, 1847, except tract assigned to Winnebagoes, Oct. 13, 1840.

Cede to U. .S. the remaining township granted to them by

Mcnoniouce treaty of Feb. 8, 1831.
To remove in one year to lands to be set apart for them, W. of

tbe Mississippi river, of not less than 72 sectiims.

U. S. agree at an early date to fix boundaries of Navajo country.
U. S. agree at an early date to fix boundaries of Utah country.

The Wyandots cede to tbe U. S. all claim tbi y have under
treaty of Mar. 17, 1842, to a reservation of 148,0(10 acres in
Indian territory, the U. S. paying them for this claim at tbe
rate of $1.25 per acre.

Reserve a tract between Mereede and Tuolumne riv( r

Cede claim to all other country

CESSIONS OF 1846-1851

781

LA.I^D CESSIO:N'S-Coiitiuiied.

Designat

on of ceaaion on map

Historical ihila (mil rniiarks

Xiimher

Location

267

The A\'inuel)n"*o cede<l tliis f r:ict It V troatv of Fel). 27. 1855 .. . .

See 361

268

Minnesota **

As the lioiinibiry iine between these Jndinns and the PillaKor was indefinite, it
was aijieed that tlic U. S. Nhould nut ocuupy tliis tViict until this line shoulil
be defined and settled to the satisfaction of the Pillager.

Minnesota 1.

269

Negotiations with the Cherokee failed to obtain their consent to furnish the
Catawba a reserve without payment of its value, for which pvirpose there
were no funds available.

Never carried into eUeet, except in the cases of a tew individuals who consented
to and <lid remove.

270

271
See 321

They refused to remove and occupy this tract, and by treaty May 12,1854.
relin(|uislied all right to it ami were assigned a reserve on Wolf river in
Wisconsin.

Miunesotii 2.

See note to treaty of Feb. 5, 18.5(1

272

See note to treaty of Fell. 5, 1851!.

See note to treaty of June ], 1868.

Dec. 14. 1843.
This division in severalty was made and the lands disposed of by the indi-
vidual allottees.

See 263

273
274

Kansas 2.
1 , ,. ,

«

;■ Cahtoriiia 1.

782

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IIs^DI^N

Date

Where or how
concluded

Reference Tribe

18S1
Apr. 29

May 13

May 30

May 28

June 3

June 10

Ho w-ech-ee,
' Chook-cha-
n e e , Chow-
chil-lie, Po-
ho-nee-chee,
Kook-choo,
Pit-cat-chee,
C a s - s n,
T om-na,
Tall-in-chee,
Pas-ke-sa,
W a-c h a-e t,
I - 1 a c h-e e ,
C h - e-nem-
nee, Cho-ki-
men-a, W e-
m a 1-c h e,
and No-to-
no-to.

Ta-che, Cah-
wia, Yo-kol,
To-lu m - n e ,
Wic-chum-
ne, Hol-cu-
ma, To-e-ne-
che, Tu-huc-
mach, In-tim-
peach. Choi-
n u c k , We-
mil-che, and
No- to- no-
lo.

Ko-ya-te, Wo-
la-si, New-
chow- we ,
Wack-sa-che.
Pal-wis-ha,
P o-ken-well,
and Ya-wil-
chine.

I-o-no - h u m -
ne, We-chil-
la, Su-ca-ah,
Co-to-plan-e-
nee, Chap-
pah-sim, and
S age -wom-
nee.

Chu-nute, Wo-
wol, Yo-lum-
ne, and Co-

ye-tie.

Cas-take, Te-
jon, San Im-
iri, ITva, Car-
i-se, Buena
Vista, Se-ra-
hu-ow, Ho-
lo-cla-me, So-
ho-nut, To-
ci-a. and
Hol-mi-uk.

Description of cession or renerration

Keservc a tract between Chowchilla and Cah-wia rivers.

Reserve a tract between Cab-wia and Chowchilla rivers.

1. Reserve a tract between Cah-wia and King's rivers

2. Reserve a tract ou King's river

I\irtics to treaties of Apr. 29, May 13, and May 30, 1851, cede

all territory not reserved by said treaties.

Reserve a tract on Stanislaus river

Cede all claim to territory outside of reserve.

1. Reserve a tract for Cbu-nute and Wo-wol tribes between
Tulare and Bnena Vista lakes.

2. Reserve a tract for Yo-luiu-ne and Co-ye-tie tribes between
TqIc river. Paint creek, Emigrant road, and Sierra Nevadas.

Cede all claims to territory outside of reserved tracts

Reserve a tract between Tejon pass and Kern river

Cede all claim to territory outside of reserved tract

CESSIONS OF 1851

783

L^ND CESSIOTsTS-Continued.

Historical data and remarks

Designation of cession on map

Number

Location

275 ■

270
277

California 1.

278
279

. 280
281

282

283

281

285
286

.

784

INDIAN L,AND CESSIONS IN THE UNITED STATES

[ETn. AN'.V 18

SCHEDULE OF INDI^^

Dale

1851

July 18

Where or hotv
concluded.

Reference

Tribe

Description of cession or reservation

July 23

Traverse des
Sioux, Min-
nesota.

Aug. 1

Aug. 5

Aug. 16

Aug. 20

Mendota, Min-
nesota.

Stat. L.,
X, 949.

Stat. L.,
X, 954.

Aug. 22

Das-pia, Ya-
ma-do, Yol-
la-mer, Wai-
d e - p a - can,
On-o-po-ra a ,
Mon-e-da,
Wan- nnck,
Nem-sha w,
Be-uo-p i,
and Ya-eura-

Sioux (Sisse-
1 n and
Wahpeton
bands).

Mi-chop-da,
Es-ki-un, Ho-
lo-lu-pi, To-
to, S u - n u ,
Che-no, Bat-
si, Yut-duc,
and Sim-sa-
wa.

Sioux (Med-
ewakanton
and Wah-
pekuta)

Noe-ma-noe-
ma, Y-lac-ca,
and Noi-me-
noi-me.

Ca-la-na-po,
Ha - hi - na-
po, Da-no-
ha-bo, Mo-
al-kai, Che-
com, How-
ku-ma, Cha-
nel -kai, and
Me-dam-a-

Sai-nell, Yu-
ki-as, Mas-
su-ta-ka-ya,
and Fo-mo.

Reserve a tract between liear and Yuba rivers.
Cede all claim to other territory

These bands cede to the U. S. all their lands in the state of
Iowa, aud also all their lands iu the territory of Minnesota
lying E. of the following line, to wit: Beginning at the
junction of the Buffalo river with the Red river of the Xorth ;
thence along the western bank of said Red river of the
North to the moutli of the Sioux Wood river; thence along
the western b:ink of said Sioux Wood river to lake Traverse;
thence along the western shore of .said lake to the southern
extremity thereof; thence in a direct line to the junction of
Kampeska lake with the Tchan-kas-an data or Sioux river;
thence along the western bank of said river to its point of
intersection with the northern line of the state of Iowa,
including all the islands in said rivers and lake.

The II. S. set apart for their use all that tract of country on
either side of the Minnesota river, from the western boundary
of the lands herein ceded, E. to the Tchay-tam-bay river on
the N., and to Yellow Medicine river on the S. side, to extend
on each side a distance of not less than 10 miles from the
general course of said river, the boundaries of said tract to
be marked out by as straight lines as practicable.

Reserve a tract on Feather river
Cede all claim to other territory

Cede same lands ceded by See-see-toan and Wah-pav-toan

bands, treaty of July 23, "18.5;.
Reserve tract 10 miles wide on each side of Minnesota river. . .

Reserve a tract on Sacramento river
Cede all claim to other territory

Reserve a tract on Clear lake. ..
Cede all claim to other territory

Cede all claim to territory and agree to remove t(i
reserve.

Clear lake

CESSIONS OF 1851

785

L^ISTD CESSIO]SrS-Contini-iea.

Historical ilata and remarks

Designation of cession oil map

Xumber

Location

287 1

288 J

289 fSee
414, 440)

290 \

291 )

See 289
See414,440

293 1
294

295
296

297

California 1.

Senate struck out this provision and agreed to pay 10 cents per acre for this
tract, also to give another tract in lieu thereof. Suliseqiiently, by act of
Congress, July 31, 1854, the original treaty provision was allowed to stand.
It seems that all the rights and chiiuis of these Indians lunler tliia treaty
not consummated were abrogated and annulled by the first section of the
act of Feb. 10, 1863.

Minnesota 1, Dakota
1, Iowa 1.

California 1.

Minnesota 1, Dakota

Same remarks apply to this as to reserve l)y third article of treaty of July 23,
1851.

1, Iowa 1.
Minnesota 1.

1

California 1.

786

INDIAN LAND CESSIONS IN THE UNITED STATES [eth.axn.18

SCHEDULE OF IISTDI^Ivr

Date

1851

Sept. !

Where or how
conchidi'd

lieferenee

Tribe

Sept. 17', FortLaramie.

Revised
Indian
Treaties,
1047.

Sept. 18

Co - lu, WU-
lay, Co-ha-
ma, Tat-
nah, Cha,
Doc - due,
Cham - et-
ko, and Toc-
de.

Sioux, Chey-
enne, Ara-
paho, Crow,
Assiniboin,
Gros V en-
tre, Man-'
dan, and
Ankara.

Cu-lee, Yas-
see, Loc-
lum-ne, and
Wo-pum-
ne.

Description of cesnion or reservation

Keserve a tract ou Sacramento river.
Cede all claim to other territory

Boundaries of the Sionx or Daheotah nation defined: Com-
mi'Uciu}; at the mouth of the White Earth river, on the Mis-
sonri river; thence in a southwesterly direction to the forks
of the Platte river; thence np the N. foric of the Platte river
to a point known as the lied Bute, or where the road leaves
the river; tbenee aloiij; the range of mountains known as
the Black hills to the head waters of Heart river; thence
down Heart river to its mouth; and thence down the Mis-
souri river to the place of bejiinning.

Boundaries of tlie Gros Ventre, Mandan. and Arrickara nations
delined as follows: Commencing at the mouth of Heart
rivir; thence up the Missouri river to the mouth of the Yel-
lowstone river; thence up the Yellowstone river to the
month of Powder river, in a southeasterly direction, to the
head waters of the Little Jlissouri river; tlunce along the
Black hills to the head of Heart river; and theuce down
Heart river to the place of beginning.

Boundaries of the Assiuaboin : Commencing at the mouth of
Yellowstone river; thence np the Missouri river to the mouth
of the Muscle-shell river; thence from the month of the
Muscle-shell river in a southeasterly direction until it strikes
the head waters of Big Dry creek; thence down that creek
to where it em|)ties into the Yellowstone river, nearly oppo-
site the mouth of Powder river; and tlience down the Yel-
lowstoni' river to the place of beginning.

Boundaries of the Blackfoot: Commencing at the mouth of
Muscle-shell river; thence up the Missouri river to its source;
theuce along the mam range of the Kocky mountains, in a
southerly direction, to the head waters of the northern
source of the Yellowstone river; thence down the Yellow-
stone river to the mouth of Twenty-five Yar<l creek; thence
across to the head waters of the Muscle-shell river; and
tbeuce down tbe Muscle-shell river to place of beginning.

Boundaries of the Crow : Commencing at the mouth of Pow-
der river, on the Y'ellowstone; theuce up Powder river to its
source; tbence along the main range of the Black hills and
Wind Kiver mountains to the head waters of the Yellow-
stone river; thence down the Yellowstone river to the mouth
of Twenty -five Yard creek; theuce to the head waters of the
Muscle-shell river; thence down the Muscle-shell river to its
mouth; thence to tbe head waters of Big Dry creek; and
thence to its mouth.

Boundaries of tbe Cheyenne and Arrapahoe: Commencing at
tbe Ked Bute, or the place where tbe road leaves the N. fork
of the Platte river; tbence up tbe N. fork of tbe Platte river
to its source; tbence along the main range of the Rocky
mountains to tbe head waters of the Arkansas river; thence
down tbe Arkansas river to tbe crossing of the .Santa I'e
road; tbeuce in a northwesterly direction to the forks of the
Platte river; uud thence up the Platte river to the place of
beginning.

The foregoing nations, however, do not abandon any rights or
claims they may have to other lands.

Reserve a tract on Consuranes rivt
Cede all claim to other territory . .

' 'J "reaty of Fort Laramie never ratified.

BOVCE]

CESSIONS OF 1851

787

L^^D CESSIOISrS-Continued.

Ilislorival data ami remarks

Designation of cession on map

2fumhey

Location

The tract herein described included only a
recognized as Sionx territory.

portion of what was subseiiueutly

These Indians snbsequcntly claimed to own country on the N. side of the Mis-
souri river also, and by treaty of July 27, 18ti(), ceded it. This treaty was
never rati tied, and their relations with the government remained unsettled
until, by Executive order of Apr. 12. 1870, they were assigned a reserve in
lieu of the country assigned them by Fort Laramie treaty of 1851. This
reserve, with the exception of a small tract on the N. side of Missnnn river,
compiised part of their recognize<l territory by the Fort Laramie treaty of
1851, the remainder of that tract being considereil as ceded.

The Assiuiboin ceded this country by treaty in 18ti6, which treaty was never
ratified, but by their acceptance of a home on the reserve for the LSlnckfoot,
Blood, GroM Ventre, Piegan, and River Crow, established Apr. 15, 1871, they
practically relinquished it.

See the third article of the treaty of Oct. 17, 1855, which designates this country
as a common hunting ground for various tribes.

208
299

See 529, 620,
621

300

See 398, 399

A portion o this tract was ceded by treaty of May 7, 1868. Another portion See 619,635,
was relin(|uished by agreement of .June 12, 1880, and the remainder consti- 517

tutes a portion of their present reserve.

California 1.

Dakota 1, Montana 1,
Wyoming 1.

Montana 1, Dakota 1.

Montana 1, Wvoming
1.

Montana 1, Wyoming
1.

Their W. and S. boundaries ae herein defined follow the Rocky mountains from
the source of N. fork of Platte river to the bead waters of the Arkansas and
thence down the Arkansas to the crossing of the Santa Fe trail. This treaty
evidently contemplated that their southern boundary should leave the Rocky
mountains at the head waters of the mam Arkansas river near the present
site of Leadville. Commissioner (ireenwiiod, however, who visited them in
1860, carried the southern limit of their country to the head waters of the
Purgatory or Las Animas branch of the Arkansas, and the tract reserved by
them in the treaty of Feb. 18, 1861, includes a part of this latter country.
The Comanche also possessed an indetinite claim to portions of this region.
See treaty of Feb. IS, 1861, for the cession.

See 426,477

301
302

Nebraska, Wyoming
1, Colorado 1, Kan-
sas 1.

California 1.

788

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF ESTDI^JsT J

Date

Where or liow
concluded

1851
Oct. 6

Nov. i

1852

Jau. 5

Jau. 7

June 22

J Illy

Reference

Washington,
D. C.

SautaFe,New
Mexico.

1853

Sept. —

Stat. L.,
X, 974.

Stat. L.,
X, 979.

Sept.

10 ' Table Rock,
< )regou tei'-
ritory.

Stat. L.,
X, 1018.

Tribe

Poh-lik, or
Lower Kla-
math, Peh-
tuck, or Up-
per Kla-
math, and
Hoo-pah, or
Trinity riv-
er.

0-de-i-lah, I-
ka - ruck,
Ko - £6 - tah,
I-da-kar-i-
waka -ha,
Wat-sa- he-
wa, and £-
eh.

San Luis Key,
Kah-we - a,
and Co-com-
cah-ra.

Siegueuo

Chickasaw

Apache

Tej on, Cas-
take, San
Imirio, et
al.

Eogue River
Indians

Description of cession or reserration

Reserve a tract on Klamath river .
Cede all claim to other territory . .

Reserve a trnct on the upper Klamath river.
Cede claim to all other territory

Reserve a tract in SW. Galifornia

Cede claim to all other territory

Reserve a tract on S. line of California

Cede claim to all other territory

Question of title to reserve of 4 miles square on Big Sandy, iu
Tennessee, set apart l>y treaty of Get. 19, 1818, to be deter-
mined by the Secretary of the Interior.

U. S. to settle aud adj ust Apache boundaries

Superintendent Beale establishes a reserve, called Tej on Pass ..

Cede tract within the following boundaries : Commencing at a
point 1 milo below the mouth of Applegate creek, on the
south sidy of Rogue river, running thence southerly to the
highlands divuling the waters of Ajiplegate creek from those
of Althouse creek; thence along said highlands to the sum-
mit of the Siskiyou range of mountains; thence easterly to
Pilot rock; thence northeasterly to the summit of the Cas-
cade range; thence northerly along the said Cascade range
to Pitt's peak, continuing northerly to Rogue river; thence
westerly to thehead of Junip-ort'-jo creek; thence down said
creek to the intersection of the same with a line due X. from
the ])lace of beginning; thence to the jilace of beginning.

Indians to retain temporary occupancy of a portion of the
ceded country until a reserve is assigned them, bounded as
follows: Commencing on the N. side of Rogue river, at the
mouth of Evans creek, thence up said creek to the upper end
of a small prairie bearing in a northwesterly direction from
Table mountain, or Upper Table rock; thence through the
ga]) to the S. side of the cllif of the said mountain; thence
in a line to Rogue river, striking the southern base of lower
Table rock; thence down said river to the i)laceof beginning.

CESSIONS OF 1S51-1853.

789

L^:N'D CESSIOI«^S-Coiitiiivied.

Historicul data and remurks

Designation of cession on map

Xumber

Tlie first of these tribes was commonly called Upper Klamath; the next three,
.Shasta ^"alley Indians; and the last two, Scotts Valley Indians.

See treaty of May 24, 1834.

The U. S. never formally complied with the provision of this treaty by estab-
lishing the speiitic boundaries of the Apaclie, but acconling to the reports
of Superintendent Merriwether and Lieutenant Mowry, in 1854 and 1857,
respectively, the various bands of Ajjache occupied or claimed the country
extending from the Comanche territory on the E. to Colorado river on the
W. and lying S. of the I'ta, Navaho, and Paiute. Within these general
limits, however, were small tracts uccujjied by other tribes, such as Pima
and Maricopa, Papago, Yuma, Moki, etc.

Thisreservewassurveyed, shortlyafter ilslocation, by H. D.Washburn, audcon-
taiued about 75,000 acres. Nov. 25, 18.56, the Secretary of the Interior ordered
its reduf tion to 25,000 acres, to bring it within the limits prescribed by act of
Mar. 3, 18.55. The boundaries of the reduced reserve were never surveyed.
Subsequently, ex-superintendent Beale and others obtained patents under old
Spanish grants for most of the land covered by the original reserve. Meas-
ures were therefore taken to remove the Indiana and to aban<lon tlie reserve.
The last of the Indians were removed to Tule River reserve, as reported by
Superintendent Wiley, .July 11, 1864. The tract shown on the map exhibits
the boundaries of the reserve as originally surveyed.

The boundaries of the country reserved under this clanse are shown by dotted
red lines. It was known as Table Rock reserve, and was abaudoned and the
Indians removed in 1855.

303 1
304

305
306

307
308

309
310

Location

California 1.

311

California 2.

312

Oregon 1, Califoruia2.

790

INDIAN LAND CESSIONS IN THE UNITED STATES

[KTH. ANN, 18

SCHEDULE OF IISTDI^N

r, , Where or how „ <■ •/■ -i

covcludcd

Dt'8i:ription of cession or restrration.

1853

Sept. 19

Cow Creek,
Oregon ter-
ritory.

Stat. L.,
X. 1027.

trmpqua (Cow
Creek band).

1854
>Iar. L"

Washington,
D.C.

Stat. L.,
X, 1038.

Mar. 16

Wasbingtou,
D.C.

Stat. L.,
X, 1043.

Oto and
souri.

Mis-

Omaha.

May

Washington,
D.C.-

Stat. L..
X, 104«.

Delaware

Cede traet within the following boundaries: Commencing on
the N. bank of the sontli fork of Unipqna river, at the termi-
nation of tbe highlnnd.s dividing the waters of Myrtle creek
from those of Day's creek; thence running easterly along
the summit of said range to the headwaters of Day's creek;
thence southerly, crossing the Unipqua river, to the bead-
waters of Cow creek; thence to the dividing ridge between
Cow creek and Grave creek; thence southwesterly along
said divide to its junction with the ridge dividing the waters
of Cow creek from those of Kogue river; thence westerly
and northerly around on said ridge to its connection with
the spur terminating opposite the mouth of Myrtle creek;
thence along said spur to a point on the same N\V. of the
eastern line of Isaac Baily's land claim; thence SE. to
Umpqua river: thence upsaidriverto tbe place of beginning.

Indians to retain temporary occupancy of a ]portion of the
ceded country until a reserve is assigned them, which re-
served portion was bounded as follows : Commencing on the
S. side of Cow creek, at the mouth of Council creek, opposite
William H. Riddle's laud claim, thence u\> said creek to the
summit of Canon mountain; thence westerly along said
summit 2 miles; thence northerly to t'ow creek, at a jjoint
on the same 1 mile above the falls; thence down saiil creek
to place of beginning.

These tribes cede to V. S. all their country W. of the Missouri
river, excepting a strip of land on the waters of the Big
Blue river, 10 miles in width, and bounded as follows: Com-
mencing at a point in tlie middle of tlie main branch of the
Big Blue river in a W. or .SW. direction from Old Fort
Kearney, at a place called by the Indians the " Islands;''
thence W. to the western boundary of the country herel>y
ceded; thence in auorthi'rly course with said western bound-
ary id miles; thence E. to a point due N. of the starting
point and 10 miles therefrom; thence to the place of begin-
ning. It was stipulated that this reserve should be 2.5 miles
long by 10 wide, if the bounds described failed to give this
extent.

Eelincjuish all claim to any land on E. side of Missouri river. ..

Grant right of
reserve.

way for roads and railroads through their

Cede country described as follows: All their landsW. of the
Missouri river ;uid S. of a lino drawn due W. from a point
in tbe center of the main channel of the Missouri, due E. of
where the Ayoway river disembogues out of the blurts to
the western boundary of the Omaha country, reserving
their territory N. of said line, with the understanding that
if it should prove un.ieceptable other lands shall \>i'. as-
signed them, not exceeding 300,000 acres.

Relin(iuish all claim to any land on E. side of Missouri river. . .

Grant right of wa\- for
tlirough their reserve.

■Qustrnction of roads and railroads

They cede to the U. S. all right in lands lying AV. of the state
of Missouri, situate iu the fork of the Jlissouri and Kansas
river.s, described iu supplcmentarv article to treaty of Oct.
3, 1?<18; Sept. 21, 182;i, and Oct. li;Cl829; also tbeir interest
in the "outlet" mentioned in sai<l supplementary article,
excepting land sold the Wyandots, and excepting that part
of said country lying E. and .S. of a line beginning at a
point on the tine between the land of the Delawares and
half-breed Kanzas. 40 miles in adirect line W. of the bound-
ary between the Delawares and Wyandots; thence N. 10
miles ; tlience in an easterly course to a point on the S. Ijank

BOVCE]

CESSIONS OF 1853-1854

791

L^VND CESSIO^^S-Coiitiiai-ied.

Historical data and remarks

Tlie bouudaries of the new reservation were changed by snp|ilemental treaty of
Dec. 9, 1854, and it was linally located farther to the S. and E.

Desiynation of cession on map

yumher

Location

313 Oreiiou 1.

314
See 595 and
626.

ThiH claim was iudetinite. and is nioro specifically co\eied by cessions of other
tribes.

According to the report of their agent, in 1842, the Omaha claimed the coun-
try bonudcd by Jlissonri river on the E., by Shell creek on the W., by Platte
river on the S., and by the Ponka country on the N.

This proposed reserve N. of Ayoway (Iowa) river was found to be unsuitable,
and the I'resident assigned them a reserve fronting on Missouri river and
including the waters of Blackbird creek.

This relinquishment was indefinite, and referred to territory :ili-eady covered
by more specific cessions of other tribes.

315

Nebraska.

Nebraska (eastern
portion).

Nebraska.

Reserve partly ceded May 30, 1860, and partly by treaty, .July 4, 1866.

See 467,570, Nebraska.
636, 637.

316

See 42.5,488.

Kansas 2.

Kansas 2,

IS ETH, PT -' 18

792

INDIAN LAND CESSIONS IN THE UNITED STATES

[ ETH. ANN. 18

SCHEDULE OF IN^DI^IST

Date

1854

May 6

May 10

Where or hou
concluded

May 12

May 17

May 18

May 18

Washington,
D.C.

Washington,
D.C.

Reference

Stat. L.,
.\, 1048.

Stat. L.,
X, 1053.

Falls of Wolf
river, Wis-
consin.

Washington,
D.C.

Washington,
D.C.

Washington,
D.C.

Stat. L.,
X, 1064.

Stat. L.,
X, 1069.

Tribe

Delaware

Shawnee .

Henamini .

Iowa .

Stat. L.,
X, 1074.

Stat. I-..,
X, 1078.

Sauk and Fox
of the Uis-
souii.

Kickapoo.

Dencription of cession or rcserralion

of Bin Island creek, which shall also be on the bank of the

Missouri river where the usual high-water line of said creek

intersects the high-water line of said river.
Articlel2grautsrightof way for roads, highways, and railroads.
Four sections within this cession to be contirmed to "Christian

Indians" upon payment of $2.50 per acre.

Cede tract granted them by treaties of Nov. 7, 1825, and Aug.
8, 1831, bouuded as follows: Beginning at a point in the
•western boumlary of the state of Missouri 3 miles south of
where said boundary crosses the mouth of Kansas river;
thence continuing S. and coinciding with said boundary for
25 miles; thence due W. 120 miles; thence due N until said
line shall intersect the southern boundary of the Kansas res-
ervation; thencpducE., coinciding with the southern bound-
arj of said reservation, to the termination thereof; thence due
N., coinciding with the eastern boundary of said reservation,
to the southern shore of the Kansas river; thince along the
southern shore of said river to where a line from the place
of beginning drawn due W., will intersect the same; esti-
mate<l at 1,1)00,000 acres.

U. S. grant them 200,000 acres of the ceded tract for future
home, to be selected between the Missouri state Hue and a
line parallel thereto and W. thereof, 30 miles distant, ■which
parallel line shall be drawn from the Kansas river to the
southern boundary of the country herein ceded.

Part of this tract was allotted in severalty and sold by
allottees, and part was retained in common by Black Bob's
baud.

Sundry small tracts were set apart for missionary and church
societies.

Right of way was granted for roads and railroads through the
reserve.

Cede all lands assigned to them by treaty of Oct. 18, 1848

U. S. give them for future home a tract on Wolf river, in Wis-
consin, commencing at the SE. corner of T. 28 N., K. 16 E. of
fourth principal meridian, running W. 24 miles; thence N. 18
miles; thence E.24 miles; thence S. 18 miles to the place of
beginning, the same being townships 28,29, 30, of ranges 13,
14, 15, and 16.

loways cede to the U. S. all their interest in lands assigned them
by treaty of Sept. 17, 1836, except that portion embraced in
the following bounds: Beginning at the mouth of the Great
Nemahaw river, where it empties into the Missouri; thence
down the Missouri river to the month of Noland's creek;
thence due S. 1 mile; thence due W. to the S, fork of the
Nemahaw river; thence down thesai<l fork with its meanders
to the (ireat Nemahaw river, and thence with the meanders
of said river to the place of beginning.

Grant one-half section to Presbyterian Board of Foreign Mis-
sions and one-half section to John B. Roy.

Grant right of way for roads and railroads.

Cede tract assigned them by treaty of Sept. 17, 1836

Reserve tract of 50 sections, to be selected either within or

without the limits of ceded tract.
Reserve one section, including mill and farm, for two years.
Grant one-fourth section to Presbyterian Board of Foreign

Missions.
Grant right of way for roads and railroads.

Cede part of tract assigned them bv treaties of Oct. 24 and

Nov. 26, 1832.
Reserve 150,000 .acres in western portion thereof for future
home.
Reserve 1 section for Peter Cadue.
Grant right of way for roads and railroads.

BOVCE]

CESSIONS OF 1854

793

L^I^D CESSIO^S-Continued.

Historical data and remarkii

Designation of cession on maj)

Number

Location

Sold by the Christian Indians to A. J. Isaeks May 29, 1857, aud sale confirmed
by act of Congress, June 8, 1858.

317

Kansas 2.

Although in terms the Shawnee ceded their ■whole reserve by the first article of
the treaty, by the second article the U. S. regrauted tlietu 200,000 acres of the
same tract. Thus the cession actually comprised the reserve less the 200,000

318

Kansas 2.

acres.

This tract also includes 24,138.31 acres intended to be allotted to absent Shaw-
uee on tteir return home. Many never returned, aud the land was sold to
actual settlers under act of Consress approved Apr. 7, 1869. See act of Mar.
3, 1879, providing for its disposition.

319

Kansas 2.

320

Kansas 2.

321

322

See 246, 403

Minnesota 2

A part of this tract was within the limits of the 500,000-acre tract sold by the
Meuomini to the New York Indiaus by treaty of Feb. 8, 1831, and by the
latter ceded to the U. S. by treaty of Jan. 15, 1838. Two townships of this
tract were ceded by treaty of Feb. 11, 1856, for location of the Stockbridge

aud Muusee.

Wisconsin 2.

The reserve provided for the Sauk and Fox of the Missouri, by treaty with
them of May 18, 1854, comprised a ])ortion of this cession.

By treaty of Mar. 6, 1861, the Iowa ceded all that (lortion of their reserve
"lying W. of Noharts creek for the occupaucy of the Sauk and Fox of the
Missouri.

323

See 428, 430

430

Kansas 2,

324
See 323, 427

Kansas 2

This reserve was selected partly from lands ceded by the Iowa, May 17, 1854,
and partly from the public land. It was ceded to the U. S., Mar. 6, 1861.

Nebraska (eastern

portion).

325
See 436,437

Kansas 2.

794

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. A.\'.\. 18

SCHEDULE OF IjVDI^IST

Itait

Where or how
concluded

1854
May 30

June 5

July 31

Sept. 1

Sept. 30

Washington,
D.C.

Washington,
D.C.

Act of Con-
gress.

La Poiiite,
Wisconsin.

Jiefcrence

Tribe

Itcscription of cession or reserration

Stat. L.,
X, 1082.

Stat. L.,
X, 1093.

Stat. L.,
X, 1109.

Kaskaskia,
Peoria, Pian-
kishaw and
Wea.

Miami .

Ceiie part of tract assigned them liy treaties of Oct. 27 and

Oct. 29, 1832.
Reserve a (juantity equal to 160 acres for each member of the

tribe.
Reserve a quantity equal to 10 sections as a national reserve ..

Grant 1 section to American Indian Mission Association.
Grant right of way for roads and railroads.

Cede tract assigned them by amended treaty of Nov. 28, 1840.
Reserve 70,000 acres for future home

Reserve 640 acres for school purposes.
Grant right of Tvay for roads and railroads.

Sioux on Min- President authorized to confirm them iu reservations described
nesotariver. i in treaties of July 23 and Aug. 5, 1851.

Nome Lackee,

Nome Cult,
Nir-muck,
et al.

Chippewa of
Lake Supe-
rior and the
Mississippi.

Superintendent Henley establishes
Lackee.

a reserve called Nome

Chippewas of Lake Superior cede to the IT. .S. all the lands
heretofore owned by them in common with the Chippewas
of the Mississippi river E. of the following boundary : Begin-
ning at a point where the E. branch of Snake river crosses
the southern boundary line of the Chippewa country; run-
ning thenee up the said branch to its source; thence nearly
N. in a straight line to the mouth of East Savannah river;
thence up the St Louis river to the mouth of East Swan
river; thenee up the East Swan river to its source; thence
in a straight line to the most westerly bend of Vermillion
river; thence down the Vermillion river to its mouth.
The U. S. set apart and reserve for the Chippewas of Lake
Superior the following tracts of land :

1. For the L'AnseaudVieuxdeSert bands, all unsold lands
in townships in Michigan, .51 N., R. 33 W. ; 51 N., R. 32
W. ; E. + 50 N., R. 33 W. ; W. i 50 N., R. 32 VV. ; and
all of 51 N., R. 31 W., lying W. of Huron bay.

For the La Pointe band, a tract bounded as follows:
Beginning on the S. shore of Lake Superior, a few
miles W. of Montreal river, at the mouth of a creek
called by the Indians Ke-che-se-be-we-she; running
thence S. to a line drawn E. and W. through the center
of T. 47 N. ; thence W. to the W. line of said township ;
thence S. to the SE. corner of T. 46 N., E. 32 W. ; thence
W. the width of 2 townships; thence N. the width of
2 townships ; thence W. 1 mile ; thenco N. to the lake
shore; thence along the lake shore, crossing Shag-
waw-me-quon point to the place of beginning.

Also 200 acres on the northern extremity of Madeline
island for a fishing ground.

For the other Wisconsin bands, a tract lying about Lac
de Flambeau equal in extent to 3 townships.

BOYCE]

CESSIONS OF 1854

795

L^NT) CESSIOlSrS-Coiitinned.

Historical data and remark''

Designation of cession on map

Number

Location'

These lands were patented to the allottees and sold by them from time to time

under rules prescribed by the Secretary of the Interior.
Ceded and sold to actual settlers under tweuty-lirst article of the treaty of

Feb. 23, 1867.

See act Mar. 3, 1873, for sale of unallotted portion of this reserve. The tracts
selected for this reserve contained 70, 033. .55 acres. Of this reserve, 60,025.58
acres were allotted to individuals. This is colored scarlet, while the remain-
der or unallotted portion is colored yellow.

This was done and the reserves continued to be occupied by the Indians until
ceded )iy them. The portion lying N. of Minnesota river was ceded June 19,
1858. After the Sioux outbreak of 1862, Congress, by act of Mar. 3, 1863,
took possession of the remainder.

This reserve was surveyed hy Nicholas Oriiy in Sept., 1857, and contained
25,139.71 acres. It was practically abandoned by Superintendent Hanson in
July, 1861. He recommended its sale. July 7, 1870, the Commissioner of
Indian Affairs officially notified the General Land Office that it was no longer
needed for Indian purjioses.

An Executive order was issued Mar. 7, 1855, formally withdrawing these lands
from market. This order covered, amonj; other lands, the whole of T. 51 N.,
K. 31 \V., instead uf only that part of it \V. of Huron bay.

Although the jiart E. of Huron bay was subsequently relinquished, the Indians
claimed compensation for it, which was granted them by act of Congress,
June 22, 1874.

This tract constitutes tlie present La Pointe or Bad River reserves

Surveyed by A. C. Stuntz in 1863, as originally selected, and bounded by crimson
lines. An alteration was made in the boundaries by order of the Secretary
of the Interior June 22, 18 6. The reserve as altered is colored yellow. By
act of Congress May 29, 1872, provision was made for the sale of the reserve
and the removal of the Indians, with their consent, to Bad River reservation.
The Indians refused to give their assent to removal and the law was not car-
ried into ettect.

326

327
328

329

330

Kansas 2.

331

332

California 2.

Minnesota 1.

333

334

Michigan 2,

Wisconsin 2.

335
336

■Wisconsin 2.
Wis;onsiu 2.

796

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IlSrDIA.]Sr

Date

18S4

Sept. 30

Where or how
concluded

Eefurence

Tribe

La P o i n t e ,
Wisconsin.

Nor. 4
Nov. 18

Council
ground,
Kogueriver,
Oregon.

Not. 29

Calapooia
creek, Ore-
gon terri-
tory.

Stat. I>.,
X, 1109.

Stat. L.,
X, 1116.

Stat. L.,
X, 1122.

Stat. L.,
X, 1125.

Chippewa of
Lake Supe-
rior and the
Mississippi.

Choctaw and

Chickasaw.

Chasta, S c o -
t on , and
Grave
Creek.

TJmpqua and
Calapooia.

Ite8cription of ctssion or rt'serration

The U. S. set apart and reserve for the Wisconsiu hands of
Chippewa the following tract of land:

5. A tract on Lac Court Orielles, equal iu extent to throe
townships, the boundaries to be determined.

6. For the Fond du Lac bands, a tract bounded as follows :

Beginning at an island in the St Louis river abov'
Knife portage, called by thi> Indians I'aw-paw-sco-
me-me-tig; running thence W. to the boundary line
heretofore described; thence N. along said boundary
line to the mouth of Savannah river; thence down
the St Louis river to the place of btginning. If said
tract contains less than 100,000 acres, a strip sufficient
to make this amount shall be added to the S. side.

7. For the Grand Portage band, a tract bounded as follows:

Beginning at a rook a little to the E.of the eastern
extremity of Grand Portage bay ; thence along the
lake shore to the mouth of a small stream called by the
Indians Maw-ske-gwaw-caw-niaw-se-be, or Cranberry
Marsh river ; thence up said stream across the point to
Pigeon river ; thence down Pigeon river to a point op-
posite the starting point; thence across to the jdace
of lieginniug.

8. For the Ontonagon and L.a Pointe bands, each 4 sections,

to bo selected near the lake shore.

9. Also 1 section for Chief Buffalo, to be selected from the

ceded land.

10. Each mised-blood head of a family entitled to select 80

acres.

1 1. Bois i orte band to have right to select reservation here-

after on same terms as above-named bands.

East boundary of Chickasaw district, as established by treaty
of 1837, altered.

Cede tract within the following boundaries : Commencing at a
point iu the middle of Rogue river, 1 mile below the mouth
of Applegate creek ; thence northerly on the western bound-
ary of the country heretofore purchased of the Kogne River
tribe by the U. S. to the head waters of Jump-oti-Jo creek;
thence westerly to the extreme northeastern limit of the
country purchased of the Cow Creek band of Unipquas;
thence along that l)oandary to its extreme southwestern
limit; thence due W. to a point from which a line running
due S. would cross Rogue river midway between the mouth
of Grave creek and the great bend of Rogne river; thence
S. to the southern boundiiry of Oregon; thence E. along
said boundary to the summit of the main ridge of the Sis-
kiou mountains, or until this line reaches the boundary of
the country purchased of the Rogue River tribe; thence
northerly along tlie western boundary of said purchase to
the place of beginning.

Indians to remove lo Table Rock reserve.

Cede tract of country within the following boundaries: Com-
nu'ucing at the N\V. corner of tlie country purchased of the
Galeese Creek and Illinois River Indians, Nov. 18, 1854;
thence E. to the boundary of the Cow creek purchase; thence
northerly along said boundary to its northeastern extremity ;
thence E. to the main ridge of the Cascade mountains ; thence
northerly to the main falls of the North Umpqua river;
thence to Sciitt's peak, bearing easterly from the head waters
of Calapooia creek ; thence northerly to the connection of
the Calapooia mountains with the Cascade range; thence
westerly along the summit of the Calapooia mountains to a
point whence a due S. line would cross Umpqua river at the
head of tide water; thence on that line to the dividing

CESSIONS OF 1854

797

T^J^NT) CESSIO:NrS-ContiniTed.

Hixtorual data and remaila.

Selection for this reserve approved by the Secretary of the Interior Mar. 1, 1873,
anil remainder of lands w hieh were withdrawn >.'ov. 22, 18511, and Apr. 4, 1865,
were restored to the public domain. See act of Congress, May 29, 1872. The
reserve as originally selected and surveyed iu 1863 l>y A. C. Stuntz is bounded
by crluison lines. The reserve as finally approved by the Secretary of the
Interior is colored yellow. .

See act of Congress. May 29, 1872. Under this act the reserve was appraised
and offered for sale on tho representation that the Indians had given their
consent. The Indians, however, with few exceptions refused to remove,
declaring lliat their alleged assent to the sale of the reserve was fraudulent,
and the project of removal failed.

This constitutes the present Grand I'ortage reserve.

These lands were designated bv Executive order Sept. 25, 1855, and comprised

lots 1, 2, 3, and 4 of sees. 14 and 15 ; S\V. i and SW. i SE. i sec. 15 ; sees. 22 and

23; N. + seo. 26 andN.isec. 27; all in T.53 N., R.38 W.
An addition of 18 sections to this reservation as originally selected was made

by Executive order in 1856. The original reservation is colored red; the

added portion is colored yellow.
Scrip was issued which entitled these mixed-bloods to locate 80 acres of land

each.
This reservation was partially selected by them at Vermilion lake, but its

boundaries were never accurately located and defined, aud by treaty of Apr.

7, 1866, they ceded all claim to it.

This boundary was again altered bv treaty of June 22, 18.55, so as to extend only
to 98J W. instead of 100'^ \V.

These were sometimes called the Galeese (Galice)Creek and Illinois River Indians.

This tract was reserved with the understanding that the Indians might be
located elsewhere if thought ]>roper by the President. It was decided to
remove them, aud their whole eouutrv was considered as ceded.

Desifjnat'wn of cession on map

2^1'. inter

337

338

339

340
341, 342

343

344

Location

Wisconsin 2.

Minnesota 2,

Minnesota 2.

Michigan 2.
Wisconsin 2.

Oregon 1.

Oregon 1.

798

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETll. ANN. 18

BCiili^OULld: OI^" IIS^Dl^JM

1854

Nov. 29

Calapooia Stat. L.,

creek, Ore-
gon terri-
tory.

Dec. 9

Dec. 26

Nebraska
C 1 1 y , Ne-
braska.

Medicine
creek, Wash-
ington terri-
tory.

1855
Jan. 22

Point Elliott,
Washing-
ton terri-
tory.

X, 1125.

Stat. L.,
XI, 605.

Stat. L.,
X, 1132.

Stat. L.,
XII, 927,

Umpqua and
Calapooia.

Oto and Mis-
souri.

Ni sk wali,
Puyallup,
Steilacoom,
Squaxi n,
S ' Homam -
ish, S t e h -
h a s s ,
T'Peeksin,
Squ i a i 1 1 ,
and Sa-heh-
wamish.

D w a m i s h ,

Suquamish,
and other
allied tribes.

riJge between the Tvaters of Umpqua and Coose rivers;
thence along that ridge and the divide between Connille
and Umpqua rivers to the western boundary of the country
purchased of the Galeese Creek Iudi;ms or of the Cow Creek
Indi aus, as the case may be ; thence to the place of beginning.
Reserving to the Indians, j);irtii's to this treaty, the lands
embrace<l in the ibllowing limits: Commencing at a point 3
miles due S. of the mouth of a small creek emptying into
the Um))qua river near the western boundary of John
Ohurchell's laud claim at the lower end of Cole's valley ;
thence N. to the middle of the channel of Umpqua river;
thence up said river to a point due S. of the highest peak of
the ridge immediately W. of Allan Hubl>urd's land claim;
thence to s:iid peak; thence along the sumuut of the ridge
dividing the waters to its termination at or near the mouth
of Little Canyon creek ; thence crossing the Umpqua river
in a westerly direction to the highlands opposite the mouth
of said creek; thence following the divide until it reaches a
point whence a line drawn to the place of beginning will
run ?' miles S. of the extreme southern bend of the Umpqua
river between these two points; thence to the place of
beginning.

Changes boundaries of reservation made by treaty of Mar. 15.
1S54, as follows: It is agreed that tlie initial point of their
reservation, in lien of that stated, shall be a point 5 miles
due E. thereof; thence W. 25 miles; thence N. 10 miles;
thence E. to a point due N. of the starting point, and 10
miles therefrom ; thence to the place of beginning.

Cede tract of conntry within the following boundaries: Com-
mencing on the eastern sideof Admiralty inlet ;it Point PuUy ;
thence southeasterly, following the divide between the
waters of the Pny.allup an<l Dwamish (or White) rivers, to
the summit of the Cascade mountains; thence southerly
along the summit of said range to a point opposite the main
source of the Skookiim Chuck creek; thence to and down
said creek to the coal mine; thence northwesterly to the
summit of the Black hills: thence northerly to the upper
forks of the Satsop river; thence northeasterly, through
the portage known as Wilkes' portage, to Point South worth,
on the western side of Admiralty inlet; thence around the
foot of Vashon's island easterly and southeasterly to the
place of beginning.

Reserving, however, for the use of said Indians the small
island called Klahche-min, situated opposite the mouths of
Hammersley's and Totteu's inlets.

Reserve 2 sections on Puget's s(uind, near mouth of .She-uali-
nam creek.

Reserve 2 sections on S. side of Commencement bay

President may remove them to other reservations whenever
he sees fit.

Cede tract within the following boundaries: Commencing at
Point PuUy, on the eastern side of Admiralty inlet; thence
east wardly along the N. line of lands ceded by the Nisqually,
to thesunnuit of Cascade range of mcuintains; thence north-
wardly along the summit of said range to the forty-ninth
l)aralUl; thence W. along said parallel to the middle of the
Gulf of Georgia; thence through the middle of said gulf
and the main channel through the Canal de Arro to the
Straits of I'nca, and crossing the same through the middle
of Admiralty iulet to Suquamish head; thence 8(uith\vest-
erly, through the jieninsula, and following the divide be-
tween Hood's canal and Admiralty inlet to the portage
known as Wilkes' jiortage; thence northeastwardly, follow-
ing the line of lands heretofore ceded as aforesaid, to Point
Southworth, on the western side of Admiralty inlet; thence
round the foot of Vashon's island eastwardlv and south-

CESSIONS OF 1854-1855

799

L^ISTD CESSION S-Coiitiniaed.

Hislorictil data and remarls.

Denignaiion of cession on map

Number

See remarks page 797.

The tract assigned them by treaty of Mar. 15, 1854, was found to be without
sufficient timber. A new tract was .selected for them, which, like its prede-
cessor, was outside of original Oto limits and within the Kaw cession of 1825.
Part of this tract was relinquished and sold under act of Congress approved
Aug. 15, 1876. The remainder was likewise disposed of under act of Mar. 3,
188i, and the Indians removed to Indian Territory.

This constitutes the present Squaxin Island reserve .

345

See remark under the sixth article.

See remark under the sixth article.

Pursuant to the authority of the sixth .article of this treaty the President, by

Executive order, Jan. 20, 1857, enlarged boundaries and changed locations of

above reserves as specified in said order.

346

347

Location

Washington 1.

Washington

western.)

(north-

Washington 1.

800

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IZ^DI^N^

Date

1866

Jan. 22

Where or lime
concluded

Point Elliott,
Washiugton
territory.

Jan. 22

Jan. 26

Jan. 31

Dayton, Ore-
gon terri-
tory.

Reference

Stat. L.,
XII, 927.

Tribe

D w ami sh,
Suquainish,
and other
allied tribes.

Stat. L.,
X, 1143.

Calapooia and
confeder-
ated bands of
Willamette
valley.

PointnoPoint,
AVasbington
territory.

N 6 a h bay,
Washington
territory.

Jan. 31 Washington,
D.C.

Stat. L.,
XII, 933.

Stat. L.,
XII, 939.

Stat. L.,
X, 1159.

Sklallam.

Makab

Wyandot

Description of cession or reservation

ea.stwardly to tlie place of beginning, iucluding all the
Lslanils comprised within said boiindiuies, and ri^ht or in-
terest said tribes and bands have to any lands in the U. S.
Reserve 2 sections at Port Madison

Reserve 2 sections onN. side of Hwhomish bay.

Reserve peninsnla at SE. end of Perry's island, called Shais

qnihl (Swinomiah reservation).
Reserve island of C'hah-choo-seu in Luinini river betvreen the

two mouths of that river.
Reserve 36 sections on NE. shore of Port Gardner, including

Tulalip bay, for an agricultural school and home of Indiaus,

W. of Cascade mountains.

Cede tract of country within the following boundaries : Commen-
cing in the middle of the main eh.innel of the Columbia river,
opposite the mouth of the first creek emptying into said
river from the S, below Oak point; thence S. to the tirst
standard parallel N. of the base line in the Government
survey; thence W. to the summit of the coast range of
mountains; thence southerly along the summit of said
range to the Calapooia mountains; thence easterly along
the summit of said mountains to the summit of the Cascade
mountains; theme along said summit northerly to the mid-
dle of Columbia river at the Cascade falls ; thence down the
middle of said river to the place of beginning.

Suitable district of country to be set apart for their future
home.

Cede tract within the following boundaries: Commencing at the
mouth of tlie Okeho river on the Straits of Fucha; thence
southeasterly along the westerly [easterly?] line of terri-
tory cl.aimed by the Makah tribe to the summit of the Cas-
cade range; thence still southeastwardly and southerlj'
along said summit to the head of the W. branch of the Sat-
sop river; down that branch to the main fork ; thence east-
wardly and following the line of lands heretofore ceded to
the U. S. by the Nisqually and other bands, to the summit of
the Black hills, and northeastwardly to the portage known as
Wilkes portage; thence northeastwardly, following the line
of lands heretofore ceded to the U. 8. by the Dwamish, Su-
qnamish, and other bands, to Sucjuamishhe.ad; thence north-
erly, through Admiralty inlet, to the Straits of Fuca; thence
westwardly through said straits to the place of beginning.

Reserve 6 sections at the head of Hood's canal

Cede tract within the following boundaries : Commencing at the
mouth of the Okeho river, on the Straits of Fuca; thence
westwardly with said straits to Cape Classett or Flattery;
thence southwardly along the coast to Osett or the Lower
Cape Flattery; thence eastwardly along the line of lands
occupied by the Kwe-deh-tut or Kwill-eh-yute tribe to the
summit of the Coast Range mountains; thence northwardly
along the line of lands ceded to the U. S. by the S'Klallam tribe
to the place of beginning, iucluding all islands lying oti'the
same on the straits and coiist.

Reserve the following tract: Commencing on the beach at
the mouth of a small brook running into Neali bay nest to
the site of the old Si)anish fort ; thence along the shore round
Capo Classett or Flattery to the month of another small
stream running into the bay on the south side of said cape a
little above the Waatch village; thence following said
brook to its source; thence in a straight line to the source
of the tirst-mentioued brook ; and thence following the same
down to the place of beginning.

Tribal relations dissolved and Wvaudotts to become citizens
of the U. S.

BOTCE]

CESSIONS OP 1855

801

L^ND CESSION'S— Continued.

Historical data and remaika

Enlarged by Executive order, Oct. 21, 1864. The enlargement is shown on
map of Washington along Admiralty inlet (nnmber 465).

These two sections were adjoining, and formed jiart of the Tulalij) reserve
mentioned below.

Nortbem boundary fixed by Executive order, Sept. 9, 1873, to render more cer-
tain the indefinite language of the treaty.

Enlarged by Executive order, Nov. 22, 1873. For the enlargement, see map of
Washington along Admiralty inlet (number 555).

See Executive order of Dec. 23, 1873, more specifically defining the boundaries
of this reserve.

Eeserve set apart by Executive order of June 30, 1857 .

Enlarged by Executive order of Feb. 25, 1874. For enlargement, see map of
Washington along Admiralty inlet (number .559).

Enlarged by Executive order of Oct. 26, 1872, which was superseded by Exec-
utive order of .Ian. 2, 1873, and again by Executive order of Oct. 21, 1873,
which cancels and takes the place of both preceding orders.

Dtsignation of cession on map

Siimber

Location

348

349
350
351 J

352

.404.
353 1

Washington (north-
western).

Oregon 1.

Oregon 1.

354

355

'^ i Washington (north-
western).

356

802

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH, ANN. 18

SCHEDULE OF II^DI^N"

Date

1855
Jan. 31

Feb. 22

Jl'here or how
concluded

Jh'scrijylion of cession or reservation

Washington,
D. C.

Washington,
D.C.

Stat. L.,
X, 1159.

Stat. L.,
X, 1155.

Wyandot.

Chippewa o f

the Missis-
sippi.

Cede to U. S. tract sold to them liy Delawares, Dec. 14, 1843,
the same to bo subdivided and reconveyed to Wyandotts
individually.

Eeservees, under .article 14, treaty of Mar. 17, 1842, to be permit-
ted to locate elsewhere on any government laud W. of Mis-
souri and Iowa.

Cede tract within the following boundaries: Beginning at a
point where the E. branch of Snake river crosses the southern
boundary line of the Chippewa country E. of the Mississippi
MS established by treaty of .luly 29, 1837; thence up the said
branch to its source; thence nearly N. in a straight line to
the mouth of East Savannah river; thence up tho St Louis
river to the mouth of East Swan river; thence up said river
to its source; thence in a straight line to the most west-
wardly bend of Vermillion river; theuce northwestwardly
in a straight lino to the first and most considerable bend in
the IJig Fork river; thence down said river to its mouth;
theuce down Eainy Lake river to the mouth of Black river;
thence up that river to its source; thence in a straight line
to the northern extremity of Turtle lake; thence in a
straight line to the mouth of Wild Kice river; thence up Ked
river of the North to the mouth of Buffalo river; theuce in
a straight line to the southwestern extremity of Otter Tail
lake; thence through said lake to the source of Leaf river;
thence down said river to its junction with Crow Wing
river; thence down Crow Wing river to its junction with
the Mississippi ; theuce to the commencement on said river
of the southern boundary line of the Chippewa country as
estal)lished by treaty of July 29, 18.i7; thence along said line
to the place of beginning. Also all interest they may have
in any other lands iu Minnesota or elsewhere.

Reserve tract at Mille Lac as follows: Fractional Ts. 42 N.,
K. 25 W. : 42 N., K. 26 W. ; 42 and 43 N., R. 27 W. Also the
three islands in the southern jiart of Mille Lac.

Reserve tract at Rabbit lake, beginning at a point half mile E.
of Rabbit lake; thence S. 3 miles; thence westwardly in a
straight line to a point 3 miles S. of the mouth of Rabbit
river; thence N. to the mouth of said river; thence up the
Mississippi river to a point directly N. of tho place of begin-
niug; thence S. to the place of beginning.

Reserve tract at Gull lake, beginning at a jioint half mile SW.
from the mostsouthwestwardly point of Gull lake; thence due
S. to Crow Wing river; thence down said river to the Missis-
sippi ; thence up said river to Long Lake portage; thence in a
straight line to the head of (iull lake; thence in a southwest-
wardly direction as nearly in a direct line as practicable,
but no point thereof at less distance than half mile from
said lake to the place of beginning.

Reserve tract at Pokagomon lake as follows: The boundaries
to be as nearly as i)racticable at right angles, and so as to
embrace within them Pokagomon lake; but nowhere to ap-
proach nearer said lake than half a mile therefrom.

Reserve a tract at Sandy lake, beginning at tho mouth of Sandy
I^ake river; thence S. to a point on an E. and W. line 2 miles
S. of the most southern point of Sandy lake ; thence E. to a
l)oint due S.from the mouth of West Savannah river; theuce
K. to the mouth of said river; thence N. to a i)oint on an E.
and \V. line 1 mile N. of the most northerly ]>oint of Sandy
lake; thence W. to Little Rice river; thence down said
river to Sandy Lake river; thence down said river to the
place of beginning.

Reserve the islands in Rice lake and one-half section of hand
on said lake.

Reserve 1 section for Holc-in-the-day.

Reserve tract at Leech lake for Pillager and Lake Winnibi-
goshisli bands, beginning at the mouth of Little Boy river;
thence tip said river to Lake H.assler; thence through the
center of said lake to its western extremity; thence in a

BOYCE]

CESSIONS OF 1855

803

L^NT) CESSIONS-Continned.

The E. branch of Snake river (the point of hefiinning of this cession) did not
rise so far N. as was believed, but liad its head S. of the cession line of 1837,
so that tliis cession begins at a point on the line of 1837, due N. of bead of E.
branch of Snake river.

This tract was not, as at first supposed, within the limits of the cession by
this treaty, but was within the limits of a tract already ceded by treaty of
Jnly 29, 1837. Conditionally ceded by treaty of May 7, 1864. See that
treaty.

Ceded by treaty May 7, 18R4

Ceded by treaty May 7, 18ti4

Ceded by treaty May 7. 18(54

Ceded by treaty May 7, 1864.

Ceded by tre.aty May 7, 1864. Included with Sandy Lake reserve

Enlarged by Executive orders Nov. 4, 1873, and May 26, 1874. The original
reserve as herein provided for is colored green on Minnesota map No. 1, and
is numbered 358. The original reserve is also shown in connection with the
additions by Executive orders of Nov. 4, 1873 (No. 550^ and May 26, 1874

357

See 454

See 456

See 453

Kansas 2.

Minnesota 1.

Minnesota 2.

Minnesota 1.

Minnesota 1.

See 457 Minnesota 1.

See 455

See 455

358

Minnesota 1.

Minnesota 1.

Minnesota 1, 2.

804

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IIsrDIA.]>>r

Date

1855

Feb. 22

Feb. 27

May 14

JuDe 9

June 9

Where or how
concluded

Reference

Washiugton,
D.C.

Washington,
D.C.

Executive
order.

Camp Stevens,
Washington
territory.

Camp Stevens,
Washiugton
territory.

Stat. L.,
X, 1155.

Stat. L.,
X, 1172.

Rep. Com.
Ind.Affrs.
for 1882,
p. 273.

Stat. L.,
XII, 945.

Stat. L.,
XII, 951.

Tribe

Chippewa of

the Missis-
sippi.

Description of cession or i-eservation

Winnebago

Chippewa in
Michigan.

Walla -walla,

Cayuse, and
Umatilla.

Yakima, etc .

direct line to the most southern point of Leech lake ; thence
through said lake so :\8 to include all the islands therein to
the place of lieginuing.

Reserve tract at Winuiliigoshish lake fur Pillager and Lake
Wiuniliigoshish bands, beginning at a point where the Mis-
sissippi river leaves Lake Winuibigoshish; thence N. to the
head of the first river; thence W. by the head of the next
river to the head of the third river, emptying into said lake;
thence down the latter to said lake; thence in a direct line
to the place of beginning.

Reserve tract at Cass lake for Pillager and Lake AVinnibigo-
ehish bands, beginning .at the mouth of Turtle river; thence
up said river to the first lake; thence E. 4 miles; thence
south w.ardly in a line parallel with Turtle river to Cass lake;
thence so as to include all the islands in said lake to the place
of beginning.

Missionaries and others legally residing in ceded couutry to
have the privilege of purchasing 160 acres each.

Half-breeds to have 80 acres each.

Right of way granted for roads.

Cede tract granted them by treaty of Oct. 13, 1846

U. S. grant them 18 miles square on Bine Earth river in Min-
nesota.

Missionaries and others legally residing in ceded country to
have the privilege of purchasing 160 acres each.

Half-breeds to have 80 acres each.

President sets apart tract in Isabella and Emmet counties,
Michigan, for their occupancy.

Cede tract within the followingbouudaries: Commencing at the
mouth of Tocanuon river; thence u]) said river to its source;
thence easterly along the summit of the Blue mountains,
and on the southern boun<laries of the purchase made of the
Nez Perces, and easterly along that boundary to the western
limits of the country claimed by the Shoshonees or Snake
Indians; thence southerly along that boundary (being the
waters of Powder river) to the source of Powder river;
thence to the head waters of Willow creek ; thence down
Willow creek to the Columbia river; thence up the channel
of the Columbia river to the lower end of a large island
below the njouth of Umatilla river; thence northerly to a
point on Yakama river called Tomah-luke ; thence to Le Lac ;
thence to White Banks, on the Columbia below Priest's
Rapids; thence down the Columbia river to the junction of
the Columbia and Snake rivers; thence up Snake river to
the place of beginning.

Reserve tract within the following boundaries: Commencing in
tbemiddleofthechannelofUmatili.i river opposite themouth
of Wild Horse creek; thence up the middle of the channel
of said creek to its source; thence southerly to a point in
the Blue mountains known as Lee's Encampment; thence in
a lino to the beailwaters of Howtonie creek ; thence VV. to the
divide between Howtoiueand liinh creeks; thence northerly
along said divide to a jioint due W. of the S\V. corner of
William C. McKay's land claim; thence E. along his line to
his SE. corner; thence in a lino to the place of beginning.

Grant right of way for roads through reserve.

Cede tract within the following boundaries: Commencing at
Mount Ranier; thence northerly along the main ridge of the
Cascademonntaiustothepoint where the northern tributaries
of Lake Chelan and the southern tributaries of Methow
river have their rise; thence southeasterly on the divide
between the waters of Ljike Cbe-lan and Methow river to
the Columbia river; thence ci-ossiug Columbia on a true

CESSIONS OF 1855

805

LA.T^D CESSIOJSrS-ContinTied.

Historical ilata and renmrky:

(No. 567), ou Miiinesota map No. 2, the former being colored mauve and the
latter two yellow.

Enlarged by Executive order of May 26, 1874. The original reserve as herein
provided for is colored green on Minnesota map No. 1, and is numbered 3.59.
The original reserve is also shown in connection with the addition by Execu-
tive order of May 26, 1874 (No. 568), on Minnesota map No. 2, the former
being colored mauve and the latter blue.

This reserve still retains its original boundaries.

For description see treaty with the Chippewii, Aug. 2, 1847, both cessions refer-
ring to the same tract (No. 268).

Ceded W. one-half by treaty of Apr. 15, 1859. E. one-half sold for their benefit
under act of Congress of Feb. 21, 1863.

For explanation see note to the treaty of .July 31. 1855, with the Ottawa and
Chippewa of Michigan.

One section sold for Pendleton town site under act of Aug. 5, 1882.

Designation of censton on map

Xumher

359

360

361
See 416, 439

362

363

364

Location

Minnesota 1, 2.

Minnesota 1, 2.

Minnesota 2.
Minnesota 2.

Oregon 1, Washing-
ton 1.

Oregon 1.

Washington 1.

806

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF UsTDI^N

Date

1855
June 9

JThere or how
concluded

C aii-y) Stevens,
Washington
territory.

June 11

June 22

Camp Stevens,
Washington
territory.

He/'ji-ence

Stat. L.,
xii, 951.

Stat. L.,
XII, 957.

Washington,
D.C.

Tribe

YaUma, etc . .

Nez Perc6.

Stat. I.., Choctaw and
XI, 611. Chickasaw.

iJescriptioH of cC'SsiOH or reserration

E. course to a point ^vhose longitude is 119° 10', whicli two
latter lines separate said tril)es and bands from the Oakinii-
kane Indians; thence in a true S. course to 47'^ of lati-
tude; thence E. on said parallel to the main Palouse river,
which two latter lines of boundary separate the above tribes
and bands from the Spokanes; thence down the Palouse
river to its junction with the Jloh-hah-ne she, or southern
tributary of the same: thence in asouthcsterly [west?] direc-
tion to the Snake river at the mouth of the Tucannon river,
separating the above tribes and bands from the Nez Penes;
thence down the Snakt river to its junction with Columbia
river; thence upColunibiarivcrto the" White Banks 'below
thePriest'srapids; thence westerlyto.a lake called" l.aLac;"
thence southerly to a point on the Yakama river, called Toh-
mah-luke; thence in a southwesterly direction to the Colum-
bia river, at the western extremity of " Pig Island," between
the months of the Umatilla river and Butler creek; all of
which latter boundaries separate said tribes and bands from
the WaUa- Walla, Cayuse, and Umatilla Indians; thence
down the Columbia river to midway between the months of
White Sahnon and Wind rivers; thence along the divide
between said rivers to the main ridge of the Cascade moun-
tains; thence along said ridge to the place of beginning.
Reserve the following tract : Commencing on Yakama river at
the month of Attah-n.am river; thence westerly 'along said
Attahnam river to the forks; thence along the southern
tributary to the Cascade mountains; thence southerly along
the main ridge of said mountains, passing S. an<l E. of Mount
Adams, to the spur whence flow the waters of Klickatat and
['isco rivers; thence down said spur to the divide between
the waters of said rivers; thence along said divide to the
divide separating the waters of Satass river from those flow-
ing into Columbia river; thence along said divide to the
main Yakama, 8 miles below the mouth of Satass river;
thence up Yakama to the place of beginniug.

Cede the following tract: Commencing at the source of the
Wo-na ne-sbe, or southern tributary of the I'alou.se river;
thence down that river to the main Palouse: thence in a
southerly direction to Sn.ake river, at the mouth of Tucanon
river ; thence up the Tucanon to its source in the Blue moun-
tains; tlience southerly along the ridge of the Blue moun-
tains ( ?) ; thence to a point on Grand Konde river, midway
between Grand IJonde.ind the mouth of Woll-low-how river;
thence along the divide between the waters of the Woll-low-
how and Powder river; thence to the crossing of Snake
river, at the mouth of Powder river; thence to the Salmon
river, 50 miles above the place known as the "Crossing of
Salmon river:'" thence due N. to the summit of Bitter Koot
mountains; thence along the crest of Bitter Root mountains
to the ]>lace of beginning.

Reserve the following tract: Commencing where the Moh-
ha-na-she or southern tributary of the Palouse river flows
from the spurs of Bitter Root mountains; thence down said
tributary to the mouth of Ti-nat-pan-up creek ; thence south-
erly to the crossing of Snake river, 10 miles below the mouth
of Al-]io-wa-wi river: thence to the source of Alpowawi river,
in the Blue mountains: thence along the crest of the Blue
mountains; thence to the crossing of (jrand Ponde river,
midway between Grand Rondo and the mouth of Woll-low-
how river; thence along the divide between the waters of
Woll-low-how and Powder river; thence to the crossing
of Snake river, 15 miles below the mouth of Powder river;
thence to Salmon river above the crossing; thence by the
spurs of Bitter Root mountains to the place of beginning.

Defines boundaries of Choctaw and Chickasaw conntry as fol-
lows: Beginning at a point on the Arkansas river 100 paces
E. of old Fort Smith where the western boundary line of the
state of Arkansas crosses said river; thence due S. by Red
river; thence up Red river to the point where the 100° W.

CESSIONS OF 1855

807

Li?LjSrr> CESSIONS-Contin^aed.

Historical data and remarks

This cession comprises two separate tracts

Portion of this reserve ceded by treaty of Juue 9, 1863.

Designation of cession on map

36(! Oregon 1. Idalio,

Washingtou 1.

See441, 442

Idaho, Oregon 1,
Washingtou 1.

18 ETH, PT 2 19

808

INDIAN LAND CESSIONS IN THE UNITED STATES

[KTH. ANN. 18

SCHEDULE OF INDI^N^

Date

1855
June 22

Where or how
concluded

Reference

D.O.

June 25

July 1

1856
Jan. 25

Wasco, Ore-
gon terri-
tory.

Q u i n a i e 1 1
river ami
O 1 y ni p i a,
Wa shin j;-
ton terri-
tory.

Stat. L.,
XI, 611.

Tribe

Descripliun of ccusion or rescrratioii

Stat. L.,
-\n, 963.

Stat. L.,
XII, 971.

Choctaw and
Chickasaw.

Confederated
tribes of
middle Ore-
gon.

1855

July 16 lie] I Gate,
' Montana
territory.

Qui-nai-elt
and Quil-leh-
ute.

Stat. L.,
XII, 975.

Flathead, Koot
enay, and
Upper Pend
d'Oreilles.

longitude crosses tlie same; thence N. along said meridian to
the main Canadian river; thencedown saidriver to its junc-
tion with the Arlvansas river; thence down said river to the
place of lieitinuing.

Establishes and detines lioundaries of Chickasaw district as
follows: Beginning on the N. bank of Red river at tlie mouth
of Island bayou, where it empties into Red river, about 26
miles oil a straight line lielow the mouth of False Wacliitta;
thence a northwesterly course along the main channel of
said hayou to the, junction of the three prongs of said bayou
nearest the dividing ridge between Wachitta and I^ow Blue
rivers, as laid down ou Capt. R. L. Hunter's map; thence
northerly along the eastern prong of Island hayou to its
source; thence due K. to the Canadian river; thence W.
rilong the main Canadian to 98^ \V. longitude; thence S. to
Red river; thence down Red river to the beginning.

Remainder of the tract to constitute Choctaw district

Choctaws relinquish all claim to land W. of 100"^ W. longitude.

Choctaws and Chickasaws lease to U. S. their country W. of
98- for location of Wichitas and other tribes.

Right of way granted for roads aud railroads.

Cede tract within the following boundaries: Commencing in
the middle of Columbia river at the Cascade falls, running
thence southerly to the summit of the Cascade mountains;
thence along said summit to 44" N, latitude ; thence E. on that
parallel to the summit of the Blue mountains, or the west-
ern boundary of the Shoshone or Snake country; thence
northerly along that summit to a point due E. from the
head waters of Willow creek: thence W. to the head waters
of said creek; thence down said stream to its junction with
the Columbia river; tlieuce down the channel of the Colum-
bia river to the place of beginning.

Reserve the following tract: Connuencing in the middle of
the channel of De Chutes river opposite the eastern termi-
nation of a range of high lands known as Mutton monii tains;
thence westerly to the summit of said range, along the divide
to its connection with the Cascade mountains; thence to the
summit of said miMintains; thence southerly to Mount .lef-
fersou; thence down the main branch of De Chutes river
heading in this peak, to its junction with De Chutes river;
thence down the middle chanuel of said river to the place
of beginning.

Cede tract within the following boundaries: Commencing at a
point on the Pacific coast, which is th(^ S\V. corner of the
lands lately ceded by the Makah tribe to the U. S., running
thence easterly with and along the southern boundary of
said Makah tribe to the middle of the Coast Range of moun-
tains; thence southerly with said range of mountains to
their intersection with the dividing ridge between the Che-
halis aud QuiniatI rivers; thence westerly with said ridge
to the Pacilic coast; thence northerly along said coast to the
place of beginning.

Reserve a tract or tracts to be selected for them by the Presi-
dent.

Cede tract within the following boundaries: Commencing on
the main ridge of the Rocky mountains at the forty-ninth
jiarallel of latitude; thence westwardly on that parallel to
the divide between the Flat bow or Kootenny river and
Clarke's Fork ; thence sontherly and southeasterly along said
divide to 115 longitude: thence in a southwesterly direction
to the divide between the sources of the St Regis Borgia
and Ccpurd'Aleue rivers; thence southeasterly and southerly
along the main ridge of the Bitter Root mountains to the
divide between the head waters of the Koos-koos-kee river
and of the smith western frnkof the Hitter Root river: thence
easterly ahmg tUe divide separating tlie waters of the sev-

BOVCEl

CESSIONS OF 1855

809

L^ND OESSIOIMS-Continxied.

Historical diila and i-eiiiarks

Designation of cession on map

Number

Local ion

See treaties of .Ian. 17, ISoT, and Nov. 4, 1854.

Tliey uever had auy legitimate claim W. of 100 .

This leased district was ceded to tlie U. S. for the location of other tribes hy
treaty of Apr. 28, 1866.

367

Indian Territory 2.

368
See 485

369

Oregon 1.

370 Oregon 1.

371

Washington (uorth-
westeru).

•Qiiiuaielt" reserve set apart by Executive order of Nov. 4, 1873, extending the 372 Washington (uorth-

bonndaries of the original reserve. The extension is shown on Washington i western),

map No. 2. \ See 551 j Washington 2.

; ' 373 Montana 1, Idaho.

810

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANS. 18

SCHEDXJLE OF IjSTDI^^

Dale

1855
Julv IG

Where or how
conchided

Julv 31

Ilell Gate,
Mont a 11 a
territory.

Reference

Trihe

Stat. L.,
XII, 975.

Detroit, Jlielii
gan.

Stat. L.,
XI, 621.

Flathead, Koot-
enay, and
Upper Pend
d'Oreille.

Ottawa and
Chi p p e w a
of Michi-
gan.

Desvription of cession or rvserrtition

cral tributaries of Bitter "Root river from tlie waters liiiwing
into Salmon and Snake rivers t" the main ridge of the Rocky
niduntains; thence northerly along said main ridge to the
place of beginning.

Reserve tract commencing at the source of the main branch
of .Tocko river; thence along the divide se])arating the
waters flowing into Bitter Root river I'mm those flowinginto
the .Iiicko to a point on Clarke's Korlc between the Camash
and Horse prairies ; thence northerly to and along the divide
bounding on the \V. Flathead river to a jioint due"\V. from the
point halfway in latitude between the northern and south-
ern extremities of Flathead lake ; thence on a due E. cour.se
to the divide whence the Crow, the Prune, the So-ni-el-em,
and .Jocko rivers take their rise; thence southerly along said
divide to the place of beginning.

Reserve in Bitter Root valley to be set apart for Flatheads if
deemed desirable.

1^. S. set apart for six bands near Sault Sto Jlarie all unsold
public lands in sees. 13, 14, 23, 24. 25, 26. 27, and2X, T. 47 N., R. 5
W. ; sees. 18, 19, andSO, T. 47X.. R. 4 W. ; sees. 11, 12, 13, 14, 15,
22, 23, 25, and 26, T. 47 N., R. 3 W. ; sec. 29, T. 47 N., R. 2 W. ;
sees. 2, 3, 4, 11, 14, and 15, T. 47 N.. R. 2 E. : sec. 34, T. 48 N., R.
2 E. ; .sees. 6. 7, 18, 19, 20, 28, 29, and 33, T. 45 N., R. 2 E. ; sees.
1, 12, and 13, T. 45 N., R. 1 E., and see. 4, T. 44 N., R. 2 E.

IT. S. set apart for liands who wish to reside E. of Mackinac
straits all unsohl public lands in T. 42 N., Rs. 1 and 2 W. ;
T. 43 N., K. 1 W. : T. 44 N., R. 12 AV.

U. S. set apart for I'ea ver Island band High isl.and and Garden
island in Lake Michigan, being fractional Ts. 38 and 39 N.,
R. 11 W. ; T. 40 N., R. 10 W., and in part 39 N., Rs. 9 and 10 W.

U. S. set apart for Cross and Jliddle Village, L'Aibrechroche,
Bear Creek bands, et al. certain unsold public lands as fol-
lows : Ts. 34 to 39 (inclusive) N., R. 5 \V. ; Ts. 34 to 38 (inclus-
ive) N., R. 6 W. ; Ts. 34, 36, and 37 N., R. 7 W., and all that part
of T. 34 N., R. S W., lying N. of Pine river.

U. S. set apart for Grand Traverse bands certain unsold public
lands described in amendment as follows: Ts. 29, 30, 31 N.,
R. 11 AV. ; Ts. 29, 30, 31 X., R. 12 AV., and the E. 4 T. 29 N.,
E. 9 W.

U. S. set apart for Grand River bands certain unsold public
lands described in amendment as follows: T. 12 N., R. 15 AV.,
and Ts. 15. 16, 17, and 18 N., R. 16 W.

U. S. set apart for Cheboygan band certain unsold public lauds,
described in amendment as follows : Ts. 35, 36 N., R. 3 W.

U. S. set ai)art for Thunder Bay bands certain unsold public
lands, as fcdlows : Sees. 25 and 36, T. 30 N., R. 7 E., and sec. 22,
T. 30X., R.8E.

U. S. agree to purchase from Methodist Missionary Society suffi-
cient l.ind fur Indians desiring to settle at Iroquois Point,

All land within the.se reserves remaining unassigned after ten
years to be sold by U. S., as in case of other public lands.

CESSIONS OF 1855

811

LA-^D CESSION'S-Continiierl.

HiatoricaJ (lain and reituirl'S

Designation of cession on map

2\^iimier

Location

This reserve is coiiiniouh kiinwii ;i8 Jocko reserve

It was decided to be undesirable to set apart this Bitter Root valley reserve,
and under act of Coujjress of Juae 5, V6T2. the Indians were removed to the
jirecediug reservatiou, known as the Jocko reserve.

In anticipation of this treaty an Executive order was issned, May 14, 185.5, tem-
porarily withdrawinfj from market for Indian purpo.ses certain townships
on the shore of Lake Michigan, in the vicinity of Little Traverse bay, A
portion only of these townshijis was reserved by the treaty and the remain-
der, not beiu^ needed for Indian purpo.ses, was subsequently restored to
market in 18li0. The townships thus restored were 33 to 3!) (inclusive) X. of
R. 4 W. ; T. 33 N. of Rs. .">, 6, 7, 8, and i) W., and that part of T. 34 N., R. 8 W.,
lying S. of Pine river. liy Executive orders of Aug. 9, 185."i, 8ept. 10, 1855,
.•ind Apr. 21, 1856, all the lauds described iu the treaty, not previously in-
cluded in Executive order of Ma3' 14, 1855, together with suudry additional
tracts thonglit necessary for the use of these Indians, were withdrawn from
market. The tracts thus withdrawn, in addition to those described iu the
treaty, were T. 32 N., Rs. 10 and 11 W. ; T. 29 N., R. 13 W., and Ts. 11 and
12 N., Rs. llj, 17, and 18 W. Subsequentlv, by Executive order of Ajir. Iti,
1864, Ts. 34, 35. 36. 37, 38, and 39 N., R. 4 W., and Ts. 34, 37, 38, and 39 N., R.
3 W., were withdrawn from market with a view to consolidatiug the Ottawa
and Chippewa ou the Little Traverse reservation, including these latter
tracts, but this jiolicy was abandoned, and the order revoked by Execu-
tive order of I'eb. 14, 1874. Indiviilnal allotmeijts were made to the Ottawa
and Chippewa (the lists being, however, several times revised and read-
justed), as provided for iu the treaty, the tribal organization was dissolved,
the allotted lauds were pateuted to the allottees, and the surplus was restored
to the public domain by act of Congress, approved June 10, 1872, and
amended by act of Congress, May 23, 1876.

See act of Congress of .June 10, 18 1 2, amended by act of May 23, 1.876.

371 Montana 1.

377,

378,
379.

376, 1

380, 381

382, 383

384

385

386, 387,

388,

389.
390, 391,

392,

393

394, 395

Michigan, (region
about Mackinac
and Detroit).

812

INDIAN LAND CESSIONS IN THK UNITED STATE.S

[ETri. ANX. 18

SCHEDULE OF INDI^:Nr

Dale

TJ'hcre or lioir
runcJuded

Iti'fvrcnce

Trihc

]i€nrr\pi'ton of fesaion or rt'fei'ritlioti

185S

Aug. 2

Detroit, Miclii-

Stat. L.,

Chippewa of

Surreuder right of fisliing aud eucampuieut at the falls of St.

gau.

XI, 631.

Sault Ste
Marie.

Mary's secured by treaty June 16, 182(1.

U. S. give Chief ()-sliaw-waw-no a small island in St IJary's
river, containing one-half acre.

Aug. 2

Detroit, Jlichi-

Stat. L.,

Chippewa of

U. S. set apart all unsold public lauds in six adjoining town-

gan.

XI, 633.

Saginaw,
Swan creek,
and Black
river (par-
ties to
treaties of
Jan. 14,
1837, and
May 9,
1836).

ships in Isabella county, Michigan.

U. S. set apart all uusold public lands in Ts. 17 auil 18 N., Es, 3,
i, and 5 E.

All"-. 9

Executive or-
der.

Ottawa and
Chippewa

President temporarily withdraws certain lauds from market
until selections contemplated by treaty of July 31, 1855, can

*^"i->' ^

in Michi-

be made.

gan.

Au". 11

Coast tribes
of Oregon.

Cede all title to the f<dlowiug lands: Commencing in the mid-
dle of the channel of the Columbia river at the northwest-

to

Sept. 8

ern extremity of the purchase made of the Calajiooia and
Molalla bands of Indians; thence running southerly with
that boundary to the southwestern point of that purchase;
and theuce along the summit of the coast range of moun-
tains, with the western boundarii'S of the purchase made of
the Umpnuas aud Molallas of the I'uipqua valley, and of
the Scotons, Chastes, and Crave Creeks of Rogue river val-
ley, to the southern boundary of (Iregon territory; thence
W. to the Pacific ocean ; thence northerly along said ocean to
the middle of the northern channel of the Columbia river;
thence, following the middle of said channel, to the place of
beginning: I'rorided, however, That so much of the country
described above as is contained in the following bouudaries
shall, until otherwise directed by the President of the United
States, be set apart as a residence for said Indians, and such
other bands or parts of bauds as may, by direction of the
President of the U. S., be located thereon: Conunencing
where the northern boundary of the seventeenth range of
townships S. of the base line strikes the coast; thence E.
to the western boundary of the eighth range of townships
W. of the Willamette meridian, as indicated by .lohn B. Pres-
ton's "Diagram of a portion of Oregon territory;" thence
N. on that line to the southern boundary of the third range
of townships S. of the base line; thence \V. to the Paeitlc
ocean, aud theuce southerly along the coast to the place of
begiuuiug.

Sept. 10

Executive or-

Ottawa and

President temporarily withdraws certain lands from market

der.

Chi p p e w a
in Michi-
gan.

until selections contemplati'd by treaty of July 31, 1855, can
be made.

Sept. 2.-5

Executive or-

Ontonagon
band of

Uormal withdrawal of land for reserve, as provided fur by
sixth clause of article 1, treaty of Sept. 30, 18.54.

der.

Chippewa.

Oct. 17

On upper

Stat. L.,

Blackfoot and

Itlackfoot nation agrees that certain territory assigned them

JI i 8 s o u r i ,

XI, 657.

Flathead

by treaty of Fort Laramie shall be a common liunting groun<l.

near Judith

nat:ons and

river, X e -

Nez Perce

braska.

tribe.

Certain territory to belong exclusively to the lilackfoot

CESSIOXS OF 1835

813

LaVI^D CESSIOJSrS-Contiiiiiecl.

This tract was iu T. 17 X., R. 1 E., comprising fractional sees. 4, 5, and 6, lying
along 8anlt 8te Marie river within the viihige limits of Sault Ste Marie. It
is too small to lie indicated on the map.

The grant is too small to bo noted on the map.

In anticipation of this treaty the President, by Executive order, May 14, 1855,
withdrew from market thc'whole of Ts. 13, 14, 15, and 16 N., Rs. 3, 4, 5, and 6 W.
After the selection of the six townships jirovided by treaty the remainder
were restored to market. See treaty of Oct. 18, 1864.

These townships were formallv withdrawn from market by Executive order,
Apr. 21, 1856. Ceded to ti.e U. S. by treaty of Oct. 18, 1864.

See letter of Commissioner of Indian Atl'airs, Aug. 4, 1855, and letter of Commis-
sioner of the General Land Office, Aug. 8, 1855. See also note in this schedule
opposite the treaty of July 31, 1855.

Several treaties were concluded between the foregoing dates with the coast
tribes by Superintendent Palmer, By these treaties the Indians ceded all
claim to lands, but were to have a reservation established for them within
the general limits of the cession. The treaties were not ratified, but the
U. S. authorities assumed that the cession was binding, and by Executive
order of Nov. 9, 185.5, the President set apart the promised reserve. The
limits of the cession are therefore shown here as though the treaties were
riititied.

See note iu this schedule opposite the treaty of July 31, 18.55.

For the ooundaries of the reserve, see treaty of Sept. 30, 1854.

This territory for the ]>lackfeet is described in the treaty as bounded by a line
running eastwardly from Hell Gate, or Medicine Kock Passes, to the nearest

396

See 464

397

Michigan 2.

Michigan 2.

Oregon 1.

See 340 Michigan 2.

398

399
See 565, 574

Montana 1, Wyoming
1.

Montana 1.

814

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDXJLE OF I]^s DI^^ i

Date

IVIiere or how
concluded

lieference

Trihe

Description of cession or rcscrralion

1855

Oct. 17

O u Upper

Stat. L.,

Blackfoot and

Missouri,

XI, 637

Flathead

near .Ttidith

nations and

river, Ne-

Nez Perc^

braska.

tribes.

Assiniboines to bave tbe right to bunt on certain lauds.

Not. 9

Executive or-

Indians on

President sets apart a reserve known as C'oastreservation(which
afterwards, on being reduced, was called Siletz reservation),

der.

coast of

Oregon.

begiuniug on tbe shore of tbe Pacific ocean at tbe mouth of
a small stream (Tsiltcoos river), about midway between
Umpqua and Siuslaw rivers; thence easterly to the ridge
dividing tbe waters of these streams, and along said ridge or
highland to tbe -western boundary of the eighth range of
townships \V. of the Willamette meridian ; thence N. on said
boundary to a point due E. of Cape Lookout; thence W. to
the ocean ; and thence along the coast to tbe place of begin-
ning.

Nov. 16

Executive or-

Klamath

President sets apart a reserve of 25,000 acres on both sides of
Klamath river in California, the same being a strip commenc-

der.

ing at tbe Pacific ocean and extending 1 mile in width on

each side of the Klamath river lor a distance of 20 miles.

Dec. 21

Dayton, Ore-

Stat. L.,

Molalla

Cede tract within tbe following bonndaries: Beginning at

gon.

XII, 981.

Scott's peak, being tbe NE. termination of purchase froui
Umpaciuab and Calapooias Nov. 29, 1854 ; thence southerly on
tbe eastern boundary line of said purchase and tbe purchase
of tbe Cow Creeks Sept. 19. 1853, and tbe tract purchased of
the Scotens, Chastas, and Grave Creeks, Nov. 18, 1854, to the
boundary of the Rogue river purchase made Sept. 10, 18.53;
thence along tbe northern boundary of that purchase to the
summit of tbe Cascade mountains; thence northerly along
tbe summit of said mountains to a point due E. of Scott's
peak ; thence W. to the place of beginning.
Molels, Umpa(|Uas, and Calajjooias to remove to a reserve on
head of Yamhill river.

1856

Tule River or
Madden

See historical cohuun.

Farm reser-

vation In-

dians.

Feb. 5

Stockbridge,

Stat. L.,

Stookb ridge
and Munsee.

Cede all remaining lands at .Stockbridge, Wisconsin

Wisconsin.

XI, 663.

CESSIONS OF 1855-1856

815

I^J^NT) CESSIOlSrS-Continiiecl.

source of tbo Muscle Shell river; theuce down tho river to the Missouri;
down the Missouri to the mouth of Milk river; theuce N. to forty-ninth
parallel ; W. to the main range of the Kocky mountains, and southerly along
that range to place of Ijegiuning. A treaty was afterward concluded, Sept.
1. 1868, by which the Blaekfect reliuquisbeil a portion of this territory. This
treaty was never ratified, liut with the assent of the Indians, l.iy Executive
order of .July 5, 1873, a reserve was set apart for the joint occupancy of the
Gros Ventres, Piegan, Bloods, Blackfeet.and River Crows. This new reserve
was in part composed of territory assigned the Blackfeet by treaty of 1855.
It did not, however, comprise all of that territory, for, by the effect of the
Executive order of July 5, 1873, a portion of it was reliufiuished to the U. S.
The tract thus relinquished is colored green.

Modified and partly relinquished by Executive order of Dec. 21, 1865.
portion relinquished by act of Congress, Mar. 3, 1875.

Another

This was selected by Superintendint Henley as one of the two additional
reserves authorized by act ot Congress Mar. 3, 18.55. It was surveyed by
Deputy Surveyor Lewis in 1^57. Dec. 31, 1861. the Indian agent reported
the complete destruction of both the reservation and the public property
thereon by a freshet, which left the soil covered to the depth of several feet
with sand. The Indians were at once removed to Smith River reservation.
Though not formally relinifuished, the Klamath was not thereafter occupied
as an Indian reservation until 1877. when tne Commissioner of Indian Affairs
asked that the War Department remove white trespassers. Recent action
lias lieeii taken looking to the allotment of land in severalty to those Indians
residing on the reserve with a view to restoring the surplus laud to the iiub-
lic domain.

This tract was informally estalilished in 1856 as an Indian reservation. In
1857-58 Mr Thomas P. Madden, an emjdoyee of the Indian service, entered and
obtained title to the laud with state-school warrants. It was thereafter
known as the Madden farm, containing 1,280 acres, and the U.S. paid bim
rental therefor until it was abandoned in 1876, and the Indians removed to
the new Tule River reservation, established by Executive orders of Jan. 9
and Oct. 3, 1873. In addition to the Madden farm the TT. S. occupied and
fenced 160 acres adjoining, but that was also entered by an Indian employee
as a homestead in 1864.

Dissensions continuing among the tribe after the treaty of 1839, the act of Con-
gress of March 3, 1843, was passed, providing for the subdivision and allot-
ment in severalty of their remaining lands. A part of the tribe refused to
be governed by this act and Congress repealed it Aug 6, 1846. It was found
impracticable to carry this last act into effect, and to settle all difficulties
the treaty of Nov. 24, 1848, was concluded, by which the Indians agreed to

See 578, 579,
479.

400

Oregon 1.

California 2.

401

Oregon.

402

California 2.

Wisconsin 2.

816

INDIAN LAND CESSIONS IN THE UNITED STAl'tS

lETH. ANN. 18

SCHEDULE OF USTDI^N"

Date

Where or how
conthided

1856
Feb. 5 Stockbridge,
Wisconsin.

Fell. 11 KesUena, Wis-
consin.

Felj. 21 I ExecutiTe or-
der.

Beference

Tribe

^tat. L.,
XI, 663.

Stockb ridge,
and Munsee.

Stat. L.,
XI, 679.

Apr. 21

Mav 22

Ang. 7

Executive or-
- der.

Executive or-
der.

Washington,
D.C.

Menomini .

CUppewa f
Lake Supe-
rior ( Buffa-
lo's band. )

Ottawa and
Chippewa
in M i c h i -
gai.

Camel-el - p o -
ma et al.

Sept. 4

Stat. L., Creeks and
XI, 699. Seminole.

Round Valley

reservation
Indians.

Description of' ceNHion or rr^^rrraiion

Cede 72 sections in ^Minnesota set apart by treatv of Nov. 24,
1848.

U. S. to select another tract for them near S. boiiiulary of
Menomonee reserve.

Cede two townships in SW. corner of their reserve for tlie loea-
tion of the Stockbridge and Munsee.

President withdraw.s certain land from market until selections
for Buffalo'.s band are made under treaty of Sept. 30, 1854.

President withdraws certain hinds from market until selections
are made under treaty of July 31, 1855.

President set apart Mendocino reserve in California in compli-
ance with recommendation of Superintendent llenlevof Nov.
17, 1855.

Creeks cede to Seminoles tract within the following boundaries :
HeffinniuH' on tlic Canadian river, a few miles E. of the 97^
W. longitude, where Ock-hi-appo or Pond creek empties into
the same; thence due X. to the N. fork of the Canadian;
thence up said N. fork of the Canadian to the southern line
of the Cherokee country; thence with that line west to the
100 of W. longitude ; thence S. along said meridian of longi-
tude to the Canadian river, and thence down and with that
river to the place of beginning.

Boundaries of the Creek country defined as follows: Begin-
ning at tbe mouth of the X. fork of the Canadian river and
running northerly 4 miles; thence running a straight line so
as to meet a line drawn irom the S. bank of the Arkansas
river, opposite to the E. or lower bank of Grand river at its
innction with the Arkansas, and whicli runs a course S. 44^
W. 1 mile to a post placed in the ground ; thence along said
line to the Arkansas and up the same and the Verdigris river
to where the old territorial line crosses it; thence along said
line N. to a point 25 miles from the Arkansas river, where the
old territorial line crosses the same; thence running W. with
the southern line of the Cherokee country to the N. fork of
the Canadian river, where the boundary of the cession to the
Seminoles, defined in the preceiling article, tirst strikes said
Cherokee line ; thence down said N. fork to where the eastern
boundary line of the said cession to the .Seminoles strikes
the same ; thence with that line due S. to the Canadian river
at the month of the Ock-hi-appo or Pond creek, and thence
down said Canadian river to the place of beginning.

Creeks cede all claim to country other than as defined in arti-
cle 2.

Superintendent Henley reports selection of temjiorary reserva-
tion at Bound valley or "Nome Cult."

CESSIONS OF 1856

817

L^VlsTD CESSIO^S-Contiiiiied.

Historical data ««</ reninrka

Designation of cession on maj)

Xnmber

cede their remaining lands and to remove W. of the Mississippi. A tract of
72 sectioBS was selected for them in Minnesota, bnt they refused to remove.
Tliis treaty of FeU. '>, 18.5(), was therefore concluded, and in pursuance of
its provisions another tract was purchased for them from the Menomini by
treaty concluded with that tribe Feb. 11, 185H.

The Indians selected a tract at tlic mouth of Vermillion river, but the 1'. S. did
not apjirove the selection. A tract was then assigned them on Crow river
by consent of the Winnebago, but as they ilid not remove it was not sur-
veyed or formally set apart for them.

By treaty of Fell. 11, 1856, with the Menomini, two townships were pur-
chased from them for the location of the Stockbridge and Munsee, and the
latter removed thereto. For boundaries of this tract .see Jlenominl treaty
of Feb. 11, 18.56. By act of Congress of Feb. 6, 1871, the Stockbridge and
Munsee sold all but 18 sections of this reserve.

By act of Congress of Feb. 6, 1871, the Stockbridge and Munsee sold all but 18
sections of this reserve.

For boundaries of the reservation as actually selecteil and afterwiird enlarged,
see the treaty of Sept. 30, 1854,

For explanatory note see treaty of .Inly 'M. 185.5,

This reserve was abandoned for Indian purposes. Mar. 31, 1866, and was restored
to the public domain by act of Congress of July 27, 1868.

This tract was ceded to the V. S. by the Seminole, Mar. 21, 1866. for the location
of other tribec.

See 403

403

Location

Wisconsin 2,

Wisconsin 2.

See 341, ,S42 ! Wisconsin 2.

See 522

404
See 480

California 2,

Indian Territory 2.

See 486, 487 Indian Territory 2.

This is an indefinite cession fully covered by other more specific cessions.

It was first established as an Indian farm for temporary use, but has been ever
since continued as an Indian reserve. Nov. 18, 1858. Superintendent Henley
was instructed to make public proclamation that the whole of Round val-
ley was reserved. In Mar. 1860. it was surveyed by Andrew J. Hatch. The
boundaries thus surveyed are here shown by red lines and contained 25,030.08
acres, having been reduced to the limit .authorized by the act of Mar. 3, 1853.
A 8Hbse(|uent enlargement and survey was made in 1870, the boundaries of
which are shown by blue lines (see Executive order of Mar, 30, 1870), Still
later modifications of boundary have been made, for which see act of Con-
gress of Mar. 3, 1873. and Executive order of .1 uly 26, 1876.

California 2 (detail of
Round Valley res-
ervation).

818

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. A.N'.V. 18

SCHEDXJLE OF INDI^IST

Date

Where or how
concluded

Ilcference

Trihc

T)eficr'iption of cession or reservation

1857
Jau 20

Executive or-
der.

N i s kw al i
and others,
parties t o
treaty of
Dec. 26,
1854.

President changes size and location of reserves as authorized
by sixth article of the treaty of Dec. 26, 1854, as follows:

Enlarges Puyallup reserve at S. end of Commeucemeut bay to
accommodate 500 Indians.

Enlarges and changes location of Nisquallv reserve

Executive or-
der.

Confedera ted
bands of
Willamette
valley.

Establishes a new reserve at Aluckleshoot prairie

Jime 30

President establishes reserve at Grande Ronde in accordance
with treaty of Jan. 22, 1855, consisting of the following lands :
Ts. 5 and 6 S., R. 8 W., and parts of Ts. 5 and 6 S., E. 7 W.,
Willamette district, Oregon.

Sept. 24

Table creek,
Nebraska
territory.

Stat. L.,
XI, 729.

Pawnee (four
confeder-
ated bands).

Cede all lands claimed by them, except as herein re8erved,which
lands are bounded as follows: On the E. by the lands lately
purchased by the U. S. from the Omahas; on the S. by the
lands heretofore ceded by the Pawnees to the U. S. ; on the
W. by a line running due N. from the junction of the N. with
the S. fork of the Platte river to the Keha-P.aha river, and
on the N. by the Keha-Paha river to its junction with the
Niobrara, L'eau qui Court or Running Water river; thence
by that river to the western boundary of the late Omaha
cession.

Reserve a tract 30 miles in length from E. to W. by 15 miles
wide from N. to S., including both banks of tlie Loup fork
of Platte river, the E. line of which shall be at a point not
farther E. than the mouth of Beaver creek.

Half-breeds to receive scrip entitling them to locate 160 acres
each.

Nov. 5

T n a w anda
reservation,
New York.

Stat. L.,
XI, 73.5.

Seneka (Tou-
a w a n d a
band).

Cede all claim to lands W. of Missouri, sot ajiart for New York
Indians by treaty of .Ian. 15, 1838.

Tonawanda baud may purchase of Ogden and Fellows a part
of or the entire Tonawanda reserve.

Tonawanda baud to surrender to Ogden and Fellows such por-
tion of the said reserve as they do not purchase.

1858
Mar. 12

Wasbiugton,
D.C.

Stat. L.,
XII, 997.

Ponka

*

The Poncas cede to the U. S. all lands they own or claim,
except the tract bounded as follows: Beginning at a point
on the Neobrara river and ninniug due N.so as to intersect
Ponca river 25 miles from its mouth ; thence from said point
of intersection up said river 20 miles; thence due S. to the
Neobrara river; thence down said river to the place of
beginning.

Half-breeds to receive scrip eutitling them to locate 160 acres
each.

ROYCE]

CESSIONS OF 1857-1858

819

LA.^^D CESSIONS-Continxied.

Historical data and remarks

Designation of cession on max>

Xiunber

Location

Again enlarged 1iy ExeentiTe order of Sept. 6, 1873. This second enljirgement
embraced only fractional sec. 34, T. 21 N., E. 3 E., and is too small to be
definitely shown on the map. As thus enlarged it constitutes the present
Puyallup reserve.

As thus enlarged in size and changed in location it constitutes the present
Nisqually reserve.

Supplementeil by Executive order of Apr. 9, 1874, and as thus established consti-
tutes the present JIuckleshoot reserve. For boundaries see that order.

This cession is overlapped by Sioux cession of June 23, 1875, indicated by a blue
line, and Sioux cession of Sept. 26, lN7ii, indicated by a mauve line. It is also
overlapped by the Sioux reserve established by treaty of Apr. 29, 1868.

See acts of Congress, Apr. 10, 1876, and June 111. 1872.

Notwithstanding the treaty of 1812 the Tonawanda Seneka refused to remove
from their reserve. This treaty of 1N57 was therefore negotiated, and under
its provisions the Indiaus repurchased from (.»gden and Fellows and their
grantees, portions of the reserve amounting in the aggregate to about 7,550
acres. The boundaries of the tracts thus repurchased are shown on the map
by scarlet Hues. The quantity surrendered is shown between the scarlet
lines and the boundaries of the original tract.

By the Fort Laramie treaty of 1851 the E. line of the Sioux territory Tvas fixed
by a line drawn from the mouth of White river in the direction of the forks
of the Platte. The Ponka claimed the country beginning at the mouth of
Ayoway river; thence up along Elk creek to the Old Omaha village on Elk-
horn river; thence westerly to the Black hills; thence along the Black hills
to the source of White river; thence down White river to the Missouri, and
thence to the begiuning, but they were advised by the Commissioner of
Indian Affairs that their title was recognized only to that portion N, of the
Omaha cession and E. of the Sioux line by the treaty of Fort Laramie. The
tract herein ceded was therefore considered as comprising the land within
these latter limits, subject to the reservation specially made between Ponca
and Missouri rivers.

It was found that from a mistaken wording of the treaty this reserve did not
include the tract intended for the Ponka. At the request of the Commis-
sioner of Indian Affairs of .Tuly 26, 1860, the Commissioner of the General
Land Office directed that the line between Es. 8 and 9 W. should be rec-
ognized as the E. boundary of the reservation instead of the line 25 miles
from the mouth of Ponca river, thus throwing the reserve about 12 miles to
the E. of the literal reading of the treaty. A part of this reserve, lying W.
of the range line between Ts. 32 and 33 N., Es. 10 and 11 W., was ceded by
treaty of Mar. 10, 1865, in return for the cession of fractional T. 31 N., E. 7 W. ;
fractional T. 32 N.. Es. 6, 7, 8, 9, and 10 W. ; fractional T. 33 N., Es. 7 andSW.,
and that part of T, 33 N., Es. 9 and 10 W. lying S. of Ponca creek.

405

406

Washington
western).

( north-

See 564

407

408

See 590

See 40

409

Washington ( north-
western).
Washington 2.

Oregon 1.

Dakota 1, Nebraska.

Nebraska.

New York.

Dakota 1.

See 471, 472

Dakota 1.

820

INDIAN LAND CESSIONS IN THE UNITED STATES

I ETH. AXN. 18

SGEEEDXJLE OF INDI^IST

Jiate

Where or Itow
concluded

1858
Apr. 1!)

Washiugton,
D.C.

June 8

June 19

June 19

1859
Feb. 28

liefer en ce

Stat. L.,
XI, 743.

Act of
gress.

Con-

Wasbiugton,
D.C.

Washington,
D.C.

Act of Con-
gress.

Apr. 1.5

July 16

Washington,
D.C.

Sac and Fox
agency,
Kansas ter-
ritory.

Sept. 17 I Executive or-
i der.

Stat. L.,
XII, 1101.

Stat. L.,
XII, 1105.

Stat. L.,
XI, 312.

Stat. L.,
XII, 1031.

Stat. L.,
XII, 1037.

Stat. L.,
XI, 401.

l^fscrijttion of cession or ri'serratlon

Y a n k t n
Sioux.

M u n s e e or
C h r i s tian
Indians.

Sioux (Mede-
w a k a nton
and Wah-
p e k u t e
bands).

Sioux ( Sisse-
ton and
W a h peton

bands).

Pima and
Maricopa.

Winnebago .

Chippewa of
Swan creek
and Black
river, and
M u n s e e
or Chris-
tian.

Cede .all claini to land, except- as herein reserved, including
islands in Missouri river, as follows: liegiuning at the mouth
of the Tchan-kas-an-data, or Calumet or liig Sioux river;
theuce up the Missouri river to the mouth of the I'a-hah-
wa-kan or East Medicine Jvnoll river; theufe up said river
to its head; thence in a direction [direct line?] to the head
of the main fork qf the Wan-dush-kah-fov ( f ) or Snake river;
tlience down said river to its junction with the Tchau-san-
san. or Jaijues or James river; thence in a direct line to the
northern point of Lake Kampeska; thence along the north-
ern shore of said lake and its outlet to the .junction of said
outlet with Big Sioux river; thence down Big Sioux to its
jiuirtiou with the Missouri river.

Reserve tiait of 400,(100 acn-s on Missouri river, as follows :
Beginning at the mouth of \a\v-izi-wa-koo-i>ah or Chouteau
river and extending up the Jlissouri river 30 miles; thence
due N. to a point; thence easterly to a point on Chouteau
river; thence down said river to the place of heginning, so
as to include 400,000 acres.

Make grants of laud in ceded country to sundry individuals.

Reserve use of Red Pipestone quarry

Christian Indians sell four sections purchased of the Ilelawares
under treaty of May G, 18.j4, and sale confirmed by Congress.

Indians to retain as a reserve that part of the tract given them
by treaty of Aug. 5, 1851, lying .S. of Minnesota river.

Senate to decide upon their title to that portion N. of Minne-
sota river, and if it is pronounced good, the U. S. to jiay them
for same.

Indians to retain as a reserve that part of the tract given them
by treaty of July 23, 1851, lying S. of Minnesota river.

The Senate to decide upon their title to that portion N. of Min-
nesota river, and if it is pronounced good, the U. S. to pay
them for same.

U. S. sets apart tract on Gila river occupied by them as a, res-
ervation for their use, bounded as follows: Beginning at
Sweetwater station; thence ."<. 18-^38 E. 1 mile 39.87 chains:
S. 74^ 26 E. 12 miles 22.67 chains; N. 18- 38' W. 4 miles
70.15 chains; N. 74 26 W. 12 miles 22.67 chains: thence
from initial point N. 74^26' W. 12 miles 72 chains; N. 18*^38'
W. 4 miles 70.15 chains; S. 76^ 26' E. 12 miles 72 chains;
S. 18^ 38' E. 1 mile 38.60 chains, containing in the aggre-
gate 100 sijuare miles.
t

Winnebagoes retain E. portion of their reservation, as follows:
Ts. 106 and 107 [N.] R. 24 [W.], and 106 and 107 R. 25, and
the two strips of land immediatelv adjoining them on the
E. and N.

Western portion of their reserve to be sold by the U. .S. in trust
for their benetit.

Swan Creek and Black River Chippewiis ami the Munsee or
Christian Indians become united as one Ijand.

A portion of reserve by treat.v of May 9, 1836, not exceeding 7

sections to be retained as future home.
Remainder of tract re.served by treaty of May 9, 1836, to be
sold by the U. S. in trust lor their benetit.

Chippewa(La ."secretary of Interior approves and reports to (ieueral Land
Pointeband). | OtKcc selections for reserve on Madeline island, as per treaty
1 of Sept. 30, 1854.

CESSIONS OF 185«-1859

821

I.A.^D CESBIOISrS-Coiitiiixied.

Dc$ignatioH of cession on map

Hislarkal ilata and rimiirks

Xumber

Location

.__

410

Dakota 1.

Til is constitutes tbr present Yankton reserve

411

Dakota 1.

■

412

Minnesota 2.

treaty of May 6, 1S54. A new home was found for them amonK the Swan
Creek and lilack River Chippewa in Kansas, with whom they became con-
federated.

See 317

Kansas 2.

By act of Congress, Mar. 3, 1863, this reserve was directed to he sold and the
Indians provided with a new reserve beyond the limits of any state. See
that act.

The Senate, by resolution of June 27, 1860, declared in favor of the Indian title . .

•See 440
413

Minnesota 1,
1.

Minnesota 1.

Dakota

By act'of Congress, Mar. 3, 1863, this reserve was directed to be sold and the
Indians provided with a new reserve beyond the limits of any state. See
that act.

Senate, by resolution of June 27, 1860, declared in favor of the Indian title

See 440
414

Minnesota 1,
1.

Minnesota 1.

Dakota

Enlarged, by Executive orders of Aug. 31, 1876, Jan. 10 and June 4, 187!t, and
May 5, 1882.

415

Arizona 2.

By act of Congress, Feb. 21, 1863, this reserve was directed to be sold and the
President authorized to set apart a new reserve for tliem outside the limits
of any state.

See 439

Minnesota 2.

416

The interest in this reservation was ])urcliased for the Munsee or Christian
Indians in pursuance of authority conferred iiy act of Congress of June 8,
I lK,--)8.
I

417

Kansas 2.

In t\\'0 segregated tracts, with Xo. 417 lying bet\\een tliem

418

Kansas 2.

Pee treaty of Sept. 30, 1854 .

See 335

Wisconsin 2.

822

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF INDIAN

Date

1859
Oct. 1

TTliere or how
concluded

Oct.

Sac auil Fox
agency,
Kansas ter-
ritory.

Reference

Tribe

Description of cession or reservation

Stat. L.,
XV, 467.

Kansas agen- j Stat. L.
cy, K.Tiisas xii, 1111.
territory.

Nov. 19

1860

May 14

May 30

Sarcoxieville,
Delaware
reservation, i

Sauk and Fox
of the Mis-
sissippi.

Eansa .

■Western Sho-
shoni.

Chow - chill a,
Poho-neche,
Chook-chan-
cie, et al.

Gila Apache ..

Stat. L.,
XII, 1129.

Delaware

June 27
1861

Resolution of
U. S. Sen-
ate.

Stat. L.,
XII, 1042.

Sioux in Min-
nesota.

Watche, No-
lo - n ot o,
We-melche,
et al.

By this treaty a portion of the reservation of these tribes,
(lescrilicil as follows, was retained for their use in severalty:
Beginning at a point on the northern boundary line of their
reservation 6 miles W. of the NK. corner of the same; running
thence due S. to the southern boundary of the same 20 miles;
thence W. along the southern Ijoundary 12 miles; thence
due N. to the northern boundary of said reservation 20
miles; thence E. along said boundary line 12 miles, to the
place, of beginning; estimated to contain about 153,600 acres.

Remainder of their reserve to be sold by U. S. iu trust for their
benefit.

Mixed bloods and certain women to be entitled to 320 acres
each out of the ceded portion.

A portion of their reservation to be retained. Retained por-
tion bounded as follows: Commencing at the SW. corner of
said reservation; thence N. with the W. boundary 9 miles;
thence E. 14 miles; thence S. 9 miles; thence W. with the
S. boundary 14 miles, to the place of beginning.

Remainder of reservation to be sold by U. S. iu trust for their
beueht.

Reserves provided for sundry half-breeds.

A reserve was selected and set apart by agent Jarvis at Ruby
Valley, Nevada.

Superintendent McDuffle reports abandonment of Fresno River
reservation.

Commissioner of Indian Affairs approved agent Steele's selec-
tion of (Jila Axjache reservation and re(|ueste<l the General
Land Oflice to respect it. It was bounded as follows : Com-
mencing at Santa Lucia spring, and running N. 15 miles;
thence W. 15 miles; thence S. 15 miles; thence E. 15 miles to
the place of beginning.

A portion of their reserve allotted to them iu severalty and re-
tained for future home.

Remainder of reserve sold to Leavenworth, Pawnee and West-
ern Railro.ad Company.

The tract retained to contain sufficient land for allotments to
such ''Absentee" Delawares as may return.

Certain tracts reserved temporarily for mill, school, and mis-
sion purposes.

Certain tracts reserved for chiefs and interpreter.

U. S. Senate decl.ares in favor of the title of Sioux in Minne-
sota to tract on N. side of Minnesota river, as provided for by
treaty of June 19, 1858.

Kings River reserve probably abandoned in the fall of 1861.

CESSIONS OF 1859-1861

823

L^l:^D CESSIONS-Coiatinned.

Designation of cession on map

Historical data and remarks

y amber

Location

This tract was commonly known as the Diminished reserve. The unallotted
portion of it was sold, from time to time, witli the trust lands. The
remainder was ceded by treaty of Feb. 18, 1867. As a whole the Uimiuished
reserve is shown ou the map.

See 494

Kansas 2.

These lands were commonly known as trust lands and were sold by the U. S.
from time to time on sealed bids. A remnant of them remained unsold by
the U. S. at the time of the treaty of 1867 and provision was made by that
treaty for their tinal disposal, but for the purposes of this work the Indian
title to the whole tract was extinguished by this treaty of 1859, and it is
shown on the map accordinglj'.

419

Kansas 2.

This reserved tract is here shown as a whole. The tribe subsef|uently removed
to Indian territory upon a new reserve, and their reserve in Kansas was sold
under provisions of acts of Congress approved May 8, 1872, June 'Si, 1874,
July 5, 1876, and Mar. 16, 1880.

420

Kansas 2.

■

These lands were sold, from time to time, under provisions of this treaty and
acts of Congress approved May 8, 1872, .June 23, 1874, July 5, 1876, and Mar.
16, 1880. The tract is here shown as a whole.

421

Kansas 2.

This reserve was 6 miles square. After being occupied and cultivated for sev-
eral years it was abandoned and subsequently became a station for the
Overland Stage Company.

422

Nevada.

Special Agent J. Ross Browne reported, Nov. 4, 1859, that this reserve, so far as
the agricultural portion of it was concerned, consisted of a farm which had
been rented of private parties since 18.54, It was originally established as a
temporary Indian reserve and no official survey was. so far as known, made of
its boundaries, although by report of Superintendent Henley, Aug, 15, 1857, it
was stated that he had selected it as the last of the live permanent reserves
authorized by act of Mar, 3. 1853. Its location is laid down (but by what
authority is not known) on a map of California in the Indian Office files bear-
ing uLLmber 186. The location thus indicated is accepted for want of a more
definite one.

423

California 2.

This reserve was 15 miles square and was at first supposed to be partly in Ari-
zona and partly in New Mexico. It was afterward found to be entirely in
New Mexico. In 1861 the Texas troops made a raid into New Mexico, in con-
sequence of which the U. S. agent was compelled to abandon the reserve.
For several years thereafter the Apache were hostile and the reserve was not
again occupied, Aug. 28, 1867, the Commissioner of the General Land Office
asked that it be restored to the jjublic domain.

424

New Mexico 2.

This reserve was sold by the Delawares to the Missouri River Railroad Com-
pany by treaty of July 4, 1866.

' See 488
425

Kansas 2.
Kansas 2.

See treaties of June 19,1858. By the foregoing resolution the Indians were
allowed 30 cents yer acre for these lands.

The information about this reserve is very indefinite. It was established about
the same time as the Fresno River reservation. It was a farm belonging to
private parties, containing about 3."»0 acres of arabli* land, and was situated on
the right bank of Kings river, 10 miles from the foothills of the Sierra Nevada.

824

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IN^DI^N

Date

1861
Feb. 18

Mar.

July 2
Oct. 3

Where or how
concluded

Fort Wise,
Kansas ter-
ritory.

Great Nemaha
ageucy, Ne-
braska ter-
ritory.

Reference Tribe

Stat. L.,
xii, 1163.

Stat. L.,
XII, 1171.

Leavenworth, Stat. L.,
Kansas. I xii, 1177.

Executive or-
der.

Arapaho and
Cheyenne of
Upper Ar-
kansas.

Sauk and Fox
of the Mis-
souri, and
the Iowa.

Delaware

Uintah Uta.. .

Nov. 15 Potawatomi Stat. L.,
agency, Kan- xii, 1191.
sas.

Potawatomi ..

Description of cession or reservation

Cede all land claimed by them except one reserved tract.

Reserve tract for future home, described as follows: Begin-
ning at the mouth of the Sandy fork of the Arkansas river
and extending westwardly along the said river to the mouth
of Purgatory river; thence along up the W.bauk of the Pur-
gaitory river to the northern boundary of theTerritory of New
Mexico; thence W. along said boundary to a point where a
line drawn due ^. from apoiut on the Arkansas river 5 miles
E. of the mouth of the Huerfano river would intersect said
northern boundary of New Mexico; thence due N. from that
point on said boundary to the Sandy fork to the place of
beginning.

Sacs and Foxes of the Missouri cede their reservation as fol-
lows: Beginning at the mouth of the S. fork of Great Ne-
maha river; thence up the SW. bauk of the Great Nemaha
with its meanders, to the mouth of the W. fork; thence up
the W. fork with its meanders to the 40- N. latitude where a
stone marks the SW. corner of the Sac and Fox reserve;
thence E. along the fortieth parallel to the W. bank of the
S. fork of the Great Nemaha 14 miles, 27 chains 60 links to the
Slv corner of said reservation ; thence down the S. fork with
its meanders to the jilace of beginning.

The lowas cede to the Sacs and Foxes the following tract W.
of Nohearts creek : Beginning at the point where the south-
ern line of the Iowa reserve crosses Nohearts creek; thence
with said line to the S fork of Nemaha (known as Walnut
creek) ; thence down the middle of said S. fork to its mouth
and the middle of the Great Nemaha; thence down the middle
of said river to a point opposite the mouth of Nohearts creek ;
thence in a southerly direction in the middle of Nohearts
creek to the place of beginning.

Certain chiefs and others to make individual selections.

lowas retain balance of their reserve for future home.

Confirms the sale to Leavenworth, Pawnee and Western Rail-
road of lauds under treaty of May 30, 1860.

President sets apart Uintah valley, Utah, for various bands of
Utes in Utah, so as to include the entire valley of Uintah
river within Utah territory, extending on both sides of said
river to the crest of the first range of contiguous mountains
on each side.

Remainder of country claimed by them taken possession of by
U. S. without formal purchase.

A portion of their reserve to be held in common. The lands
set apart for the "rest of the tribe," known as the Prairie
band of Pottawatomies, are as follows: Sees. 25, 26, 35, and
36 of T. 7 S., R. 13 E.; gees. 25 to 36, both inclusive, of T.
7 S., R. 14 E. ; sees. 28 to 33, both inclusive, of T. 7 S., R. 15 E. ;
sees. 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35, and 36, T. 8 S., R. 13 E. ;
all of T. 8 S., R. 14 E. ; sees. 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21,
28, 29. 30, 31, 32, and 33, T. 8 S., R. 15 E. ; sees. 1, 2, 11, 12, 13,
and 14, T. 9 S., R. 13 E. ; sees. 1 to 18, both inclusive, ofT. 9
8., R. 14 E. ; sees. 4. 5, 6, 7, 8, 9, 16, 17. and 18, T. 9 S., R. 15 E.,
containing 77,357.67 acres. Of this amount of land 28,229.24
acres have been allotted to 265 members of the band under
the general allotment act of Feb. 8, 1887 (24 Stat., p. 388).

A portion of their reserve to be allotted in severiilty to indi- |
vidu;il8. J

A portion of their reserve to be sold to the Leavenworth, 1
Pawnee and Western Railroad Company. |

L

EOYCE]

CESSIONS OF 1861

825

L^JN^D CESSIONS-Continned.

Historical data and rrmarks

Designation of cession on map

Num her

Location

Seeesplanatarynoteopjiosite unratified treaty ofSept. 17, 1851, atFortLaramie.. 426 1 Nebraska, Kansas 1,

Colorado 1, Wyo-

Ceded by treaty of Oct. U, 1865.

This covers a part of the cession prerionsly made by the loiva, but afterward
8electe<l bv the Sauk and Fox of the Missouri for a reserve.

Act of Congress of Aug. 15, 1876, provides for the sale, with the Indians' consent,
of W. 10 sections of this reserve.

W. 10 sections

Kemainder

This constitutes their present reserve

See 477

323,427

This constitutes the present Uintah valley reserve. These bands were the Tim-
jianoy, Uintah, PahVant, San Pitche, Pi-ede, Seuvarit, etc.

By treaty of June 8, 1865. with the various bands of Uta in Utah territory,
they ceded all their claim to laud (except t)ie Uintah reserve) in that ter-
ritory. The treaty, however, failed of ratification.

This is the tract now known as the Pot.awatomi reserve in Kansas and is oc-
cupied by those commonly termed the " Prairie baud of Potawatomi."

Tlie portion to be sold to the railroad company comprised all that should be
left of the original reserve after the "reserve in connuon " should be set
apart and after the individual allotments should have been made out of the
remainder. The individual allotments were sold from time to time by the
allottees, who became citizens of the V. S., but who afterward, on their own
petition, were assigned a reserve as Indians in Indian Territory.

428
429

430
See 425

431

432
433

ming 1.
Colorado 1.

Nebraska ( eastern
I)ortiou),

Kansas 2.
Kansas 2.

Kansas 2.
Kansas 2,

Utah 1.

Arizona 1, Utah 1,
Nevada,Colorado 1.

Kansas 2.

434

Kansas 2.

826

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF Il:^DIA.Isr

Dale

1862
June 24

June 28

1863

Feb. 21

Mar.

JVhere or how
concluded

"Washingt o n,
D.C.

Sefcrence

Stat. L.,
xii, 1237.

Kick ap o o
agency, Kan
sas.

Act of Con-
gress.

Act of Con-
gress.

Stat. L.,
xili, 623.

Stat. L.,
xii, 658.

Stat. L.,
XII, 819.

Mar. 11 Washington, Stat. L.,
D. C. xii, 1249.

June 9

Council
g r o u 11 (1 a ,
L a p w a i
valley.

Stat. L.,
XIV, 647.

Tribe

Ottawa of
Blanchard's
Fork and
Roche de
Boeuf.

Kickapoo .

Winnebago . . .

Sioux (
ton, Wahpe-
ton, Mede-
wakanton,
and Wahpe-
kute bands).

Chippewa of

Mississippi
and Pilla-
ger and
Lake Win-
nibigoshish
ban ds of
Chippewa.

Nez Perce

Dcscripiioii of cession or resernition

Tribal relations to be tlisaolved in five years and the Ottawas

to become citizens of \j. S.
Allotments to be made in severalty to members of the tribe.
20,000 acres to be sold fur the benefit of tbo school fund.
Lands granted to Baptist church and sundry individuals.
Remainder of reserve to be sold for the benefit of the tribe by

the U. S.

A portion of their reservation to be set apart and held in com-
mon.

A portion of their reservation to be allotted to individuals.
A portion of their reservation to be sold to the Atchison and
Pike's Peak Railroad Company.

President authorized to set apart reserve for Winnebago, com-
mencing at the SW. corner of T. 106 N., R. 27 \V., of meridian
No. 4 (as surveyed by John Ball, deputy surveyor, under con-
tract of June 20, 18.54J ; thence E., bv the line between Ts. 105
and 106 N., 24 miles, to the SE. corner of T. 106 N., R. 24 W. ;
thence N., by the range line between Ts. 23 and 24 W., 1 mile ;
thence E. 1 mile; thence N., parallel with range line between
Ts. (Ks.) 23 and 24, 12 miles, to a point 1 uiileN. of the line be-
tween Ts. 107 and 108 N. ; thence W., parallel with said line,
25 miles, to the range line between Ts. (Rs.) 27 and 28 W. ;
theme by said range line 13 miles S. to the placeof beginning,
including an area equal to 18 miles square.

Upon their removal the reserve of the Winnebago in Minnesota
to be sold by U. S. in trust for their benefit.

President authorized to set apart for them a reserve beyond
the limits of any State, and to remove them thereto.

Their reserve in Minnesota to be sold byU. S. for their benefit.
Commencing at a point on the right bank of the Minnesota
river, opposite to and due S. from the middle of the mouth of
Little Rock river; thence S. 12 miles and 44.30 chains; thence
N. 65'-' 49' W. 59 miles and 35. 70 chains ; thence N. 62^ 17' W. 69
miles; thence N. 43° .52' W. 12 miles and 60 chains, to treaty
line of cession of 1851 ; thence in a northerly direction 10
miles, to the southern extremity of Lake Traverse; thence
down the Minnesota river to the place of beginning.

This treaty was canceled and superseded by the treaty of May
7, 1864.

The Nez Perct? tribe relinquish to the U. S. the lands heretofore
reserved for their use and occupancy, excepting so much
thereof as is hereinafter set apart fur a new reservation.

They reserve the tract included within the following boundaries:
Commencing at the NE. corner of Lake Wa-ha; thence north-
erly to a point on the N. bank of Clearwater river, Smiles below
the mouth of the Lapwai ; thence down the N. bank of Clear-
water to the mouth of Hatwai creek ; thence due N. to a
point 7 miles distant ; theme eastwardiy to a point on the N.
fork of Clearwater, 7 miles from its mouth ; thence to a point
on Oro Fino creek. Smiles above its mouth ; thence to a point
on the N. fork of the S. fork of Clearwater. 5 miles above its
moutli ; thence to a point on the S. fork of Clearwater, 1 mile
above the bridge on the road leading to Elk city (so as to
include all the Indian farms now within the forks) ; thence
in a straight line westwardly to the ]ilace of beginning.

Robert Newell is to receive a jiatent for the tract confirmed to
him.

CESSIONS OF 18G2-1863

827

LA-ISTD CESSIOI^^S-Continiied.

Mialorical data and remarks

See act of Congress of June 10, 1872 ; also treaty of Feb. 18, 1833.

These alli>tteil lands, scbool lands, trust lands, etc, ivere so intermingled ■with
eaoh other that it is imiiossilile to show the distinction between them upon a
m,ap of the scale of that accompanying this vrork. It is really unnecessary,
however, for, so far as the Indians themselves were concerned, their title to
the whide reserve was practically relin(|ui8hed liy this treaty of 1862, and
subsequent treaty provisions or legislation were merely reguLitive of the
method of disposing of remnants tliereof for the benefit of the Indians.

This constitutes the present Kickapoo reservatinn in Kansas ,

The portion allotted to individuals and that sold to the railroad company are
so intermingled that it would be impossible to clearly indicate the bounda-
ries of each upon a nia]) of this scale. Sci far as the tribal title was con-
cerned, it passed by this provision tu the allnttees, many of whrnn have re-
ceived patents for their alhitments and in some instances sold them to third
parties.

This reserve was established by Executive order of July 1, 1863, .and ceded to
U. S. by treaty of Mar. 8. 1865. By treaty of Apr. 29, 1868, with the Sioux,
it was made a part of the "Big Sioux reserve" in Dakota.

This reserve was established by Executive order of July 1, 1863. at Crow creek,
Dakota. By treaty of Apr. 29, 1868, with the Sioux, it was included within
the limits of the "Big Sioux reserve."'

For the original reservation, sec treaty of June 11, 18.")5
This is their jiresent reserve

Designation of cession on map

Xiimber Location

435

436

437

See 468

439

44(1

441
442

Kansas 2.

Kansas 2.

Kansas 2.

Dakota 2.

Minnesota 2.

Dakota 1 Minnesota 1.

Idaho. < > re g o n
Washington 1.

Idaho.

828

INDIAN LAND CESSIONS IN THE UNITED STATES

[ETH. ANN. 18

SCHEDULE OF IIvrDIA-N

Date

Where or how
concluded

1863
July 1

Reference

Executive or-
der.

July 1

July 2

July 30

Oct. 1

Executive or-
der.

Fort Bridger,
Utah terri-
tory.

Box Elder,
Utah terri-
tory.

Oct.

Old crossing
of Red Lake
river, Min-
nesota.

Oct.

Conejos, Col-
orado ter-
ritory.

Stat. L.,
XVIII, 685.

Stat. L.,
XIII, 663.

Stat. L.,
xviii,689.

Stat. L.,
XIII, 667.

Tribe

Sioux of the
Mississippi.

Winnebago . .

h s h n i

(Eastern
bandsj.

Shoshoni
( Northwest-
em bands).

Shoshoni,
(Western
bands).

Zhscriptloii of cession or reservation

Chippewa
(Red Lake
and Pem-
binabands).

Stat. L.,
XIII, 673.

President sets apart a reserve at Crow creek, Dakota, under au-
thority of act of Congress of Mar. 3, 1863, bounded as follows :
Beginning at a point in the middle channel of the Missouri
river, opposite the mouth of Crow creek, in D.akota; follow
up said channel aViout 14 miles, to a point opposite the mouth
of Sne-o-tka creek; thence due N. and through the center of
the stockade surrounding the agency buildings for the Sioux
of the Mississippi and Winnebago Indians about 3 miles to a
large stone mound; thence due E. 20 miles; thence due S. to
the Cedar Island river or American creek; thence down the
said river or creek to the middle channel of the Missouri
river; thence up said channel to place of beginning.

Presi<leut sets apart a reserve adjoining Crow Creek reserve
under authority of act of Congress of Mar. 3, 1863.

Boundaries of the .Shoshonee country partly defined

Agree to provisions of treaty of .July 2, 1863
Boundaries claimed defined on the E. and W.

Boundaries defined, as follows: On the N. by Wong-goga-da
mountains and Shoshonee Kiver valley; on the \V. by Sn-
non-to-yah mountains or Smith Creek mountains; on the S.
by Wico-bah and tlie Colorado desert; on the E. by Po-ho-
no-be valley or Steptoe valley and Great Salt Lake valley.

President authorized to establish reservations for them when
deemed advisable.

Cede tract within folio wing boundaries : Beginning at the point
where the international boundary between the U. S. and
Itritish Possessions intersects the shore of the Lake of the
Woods; thence in a direct line southwestwardly to the head
of Thief river; thence down the main channel of said river
to its mouth, on Red Lake river; thence in a southeasterly
direction in a direct line toward the head of Wild Rice river
to the ])oint where such line would intersect the northwestern
boundary of a tract ceded to the U. S. by treaty of Feb. 22,
1855, by the Pillager and Lake Winuebigosliish bauds;
thence along said boundary line to the mouth of Wild Rice
river ; thence up the main channel of Red river to the mouth
of the .Shayenne; thence up the main channel of Shayenne
river to Poplar (irove ; thence in a direct line to the Place of
Stumps, otherwise called Lake Chicot; thence in a direct
line to the head of the main l)ranch of Salt river; thence
in a direct line due X. to the point where such line would in-
tersect the international boundary; thence eastwardly along
said boundary to the place of beginning.

Half-breeds and mixed bloods to be entitled to 160 acres each
out of ceded lands.

One section each reserved for Moose Dung and Red Bear.

Unceded lauds still retained bv them

TTta (Tabe- Define their boundaries,
guacbeband). Cede all territory except one reserved tract.

j Reserve tract bounded as therein recited and amended by the
Senate.

CESSIONS OF 1863

829

L^ND CESSIO]N"S-Coiitiiivied.

Historical data and remarks

Ceded by treaty of Mar. 8, 1865

For disposal of this eouutry see treaty of July 3, 1868.

Tliis treaty was with Pocataligo's liand, wlio claimed that portion of the Sho-
shoni country lying between Port Neuf mountains and Kaft river. This
country comprised a portion of that ceded by treaty of July 3, 1868.

Associated with these bands more or less intimately were the Bannock. The
reports concerning their respective boundaries are involved in much confusion
and contradiction. The truth seems to lie that both tribes ranged in large
measure and with equal freedom over the same vast extent of territory, with
the exception that in Nevada the Bannock were seldom found S. of 41"^
N. latitude. No formal purchase of the territorial claim of these tribes or
bands was made, but the U. S. took possession of the same, assuming the right
of satisfying thfir claim by assigning them such reservations as might seem
essential lor their occupancy, and supplying them in such degree as might
seem proper with necessaries of life.

For a separate definition of the boundaries of the Shoshoni-Goship, see treaty
with that band of Oct. 12, 1863.

For reservations established under this authority see Lemhi reserve, by Execu-
tive order of Feb. 12, 1875; Carlin Farms reserve, by Executive order of
May 10, 1877, and Duck Valley reserve, by Executive order of Apr. 16, 1877.
A reservation had also been established in 1859 at Euby valley, but after a
few years of occupancy it was abandoned.

This cession is overlapped by the Sisseton and Wahpeton cession of Sept. 20, 1872,
and also by a small SE. corner of the Devils Lake reserve, established by
treaty of Feb. 19, 1867.

This treaty was jiractically superseded by treaty of Mar. 2, 1868, with the Con-
federated bands of I'ta, A treaty was. however, concluded in the meantime
by Superintendent Irish on June 8. 1865, with the various bands of Uta,
wherein they ceded all claim to land in Itah, except the Uintah reserve.
The treaty, however, was not assented to by the Senate.

Designation of cession on map

jy«mJec

Location

443

See 468

444

445

446

Dakota 2.

Dakota 2.

Utah 1, Nevada, Cali-
fornia 2, Oregon 1,
Idaho.

Minnesota 1, Dakota 1.

Minnesota 1.

830

INDIAN LAND CESSIONS IN THE UNITED STATES [etu.axn. 18 1

SCHEDULE OF IISTDI^N j

Dale

Where or how
conch((led

1863

Oct. 12

1864

Jan. 15

Apr. 8

Ajir.

May

Tuilla valley,
Utah terri-
tory.

Executive or-
der.

Act of Cou-
gress.

Reference

Stat. L.,
XIII, 681.

Tribe

16 Executive or-
der.

Act of Con-
gress.

Stat. L.,
XIII, 39.

Mav

Stat. L.,
XIII, 63.

Washington,
D. C.

Shoshoni- G o -
ship.

Apache .

California In-
dians.

Ottawa and
Chippewa in
Michigan.

TIta

Stat. L.,
xiii,693

Chippewa of
the Missis-
sippi, and
Pillager
and Lake
Winnibi-
g OS hi s h
bands of
Chippewa.

Description of cession or reserration

Define their boundaries as ioUows : On the N. hy the middle of
the Great Desert; on the W. by ISteptoe valley ; on the S. by
Tooedoe or Green mountains; ou the E. by Great Salt lake,
Tuilla and Rush valleys.

President authorized to establish reservations for them when
deemed advisable.

President directs establishment of a reserve in New Mexico, 40
miles square, around Bosque Eedoudo as the center.

Authorizing the establishment of four Indian reserv.ations
within the limits of the state.

President withdraws certain lands from market for intended
consolidation of Indians on Little Traverse reserve.

Provides for vacation and sale of certain Indian reserves, viz;

Spoiiish Forkreserre. — Beginning at the SW. cornerof reserve,
which is 10 chains S.au(l 2.02 chains W. of theNW. cornerof
sec. 26, T. 8 S., R. 1 E. ; thence E. 7 miles and 20 chains to the
SE. corner of said reserve; thence N. 20.73 chains to the
Spanish Fork creek; thence down the left bank of said
creek to its mouth; thence southwestwardiyalougtheshore
of Lake Utah to a point duo N. from the place of beginning;
thence S. 3 miles and 26 chains to the place of beginning.

Corn (reclc reserve. — Beginning at the SW. corner of reserve,
which 18 8.10 chains E. and 8.50 chains S. of theNW. corner
of sec. 35, T. 23 S.,